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Oakville Probate and Estates
Probate Lawyer in Oakville: Legal Guidance from Bobila Walker Law
Probate Lawyer in Oakville: Legal Guidance from Bobila Walker Law
Oakville Probate and Estates

Are you navigating the complexities of probate in Oakville? As experienced estate litigation lawyers, Bobila Walker Law is here to provide compassionate and professional probate advice. Probate can be a challenging process, but our team of dedicated estate lawyers makes it simpler by offering personalized support every step of the way. At Bobila Walker Law, our clients are in trusted hands. Our founding partners, with over 20 years of combined experience in estate law, are committed to helping families

Guardianship Lawyer Oakville Ontario
Dedicated Guardianship Dispute Lawyers in Oakville
Dedicated Guardianship Dispute Lawyers in Oakville
Guardianship Lawyer Oakville Ontario

Dedicated Guardianship Dispute Lawyers in Oakville When a loved one faces mental incapacity without proper advance planning, such as a Power of Attorney, the situation can quickly become overwhelming. In Ontario, decision-making authority often defaults to the Office of the Public Guardian and Trustee (PGT) under the Substitute Decisions Act. However, if you believe a family member or trusted individual is better suited to serve as guardian, pursuing a guardianship application—or challenging an existing one—may be essential to protect

Estate Litigation
The Importance of Fiduciary Duty: Lessons from Muscat v. Muscat Estate, 2025 ONCA 518
The Importance of Fiduciary Duty: Lessons from Muscat v. Muscat Estate, 2025 ONCA 518
Estate Litigation

The recent Ontario Court of Appeal decision in Muscat v. Muscat Estate, 2025 ONCA 518 (CanLII), serves as a powerful reminder of the critical responsibilities estate trustees hold and the consequences of failing to uphold them. This case underscores the importance of transparency, due diligence, and prioritizing the beneficiary’s interests in estate administration. Here’s what you need to know. Case Overview In Muscat v. Muscat Estate, the Ontario Court of Appeal upheld the removal of two estate trustees, Ilinka

Partition and Sale
Banfield v. Ristevska, 2025 ONSC 3172 – Navigating Partition and Sale in a Contentious Co-Ownership Dispute
Banfield v. Ristevska, 2025 ONSC 3172 – Navigating Partition and Sale in a Contentious Co-Ownership Dispute
Partition and Sale

Can You Stop a Co-Owner From Forcing the Sale of Your Home? – Banfield v. Ristevska Offers a Cautionary Tale In the recent Ontario Superior Court decision of Banfield v. Ristevska, 2025 ONSC 3172 (CanLII), the Honourable Justice Myers addressed a contentious application for partition and sale of a co-owned property amidst repeated adjournment requests. This case offers valuable insights into the application of the Partition Act and the court’s approach to managing procedural delays in the face of

Attachment Details Withdraw-Renouncation.png June 26, 2025 2 MB 1536 by 1024 pixels Edit with Elementor AI Edit Image Delete permanently Alt Text
Renouncing an Executor Role — Can You Take It Back? A Closer Look at Withdrawing a Renunciation in Ontario Estates – Chieffallo v. Blair, 2025 ONSC 3411
Renouncing an Executor Role — Can You Take It Back? A Closer Look at Withdrawing a Renunciation in Ontario Estates – Chieffallo v. Blair, 2025 ONSC 3411
Attachment Details Withdraw-Renouncation.png June 26, 2025 2 MB 1536 by 1024 pixels Edit with Elementor AI Edit Image Delete permanently Alt Text

Overview In Chieffallo v Blair, the Ontario Superior Court tackled a growing question: once you renounce your appointment as an estate trustee, can you later revoke that decision? The judge confirmed that while the court does have authority to allow retraction, the decision remains in its discretion, and courts will scrutinize such applications closely. The Facts The deceased’s will appointed her two children, a son and a daughter, as co-estate trustees. Two and a half months after their mother’s death, the

Estate Trustee Misconduct
Case Update: Hockney v Kneeland, 2025 ONSC 3592: Estate Trustee Held Personally Liable After Years of Delay, Court Awards Damages
Case Update: Hockney v Kneeland, 2025 ONSC 3592: Estate Trustee Held Personally Liable After Years of Delay, Court Awards Damages
Estate Trustee Misconduct

In Hockney v. Kneeland, 2025 ONSC 3592, the Ontario Superior Court issued a scathing decision against a lawyer who acted as estate trustee and failed to distribute inheritance funds to seven grandchildren of the deceased. Justice Myers found that Mary Jane Kneeland, in both her personal and fiduciary capacities, committed serious breaches of trust and fiduciary duty, engaged in tortious conversion of estate funds, and was unjustly enriched. Despite repeated court directions and clear notice, the defendant failed to

Undue Influence
Undue Influence, Escorts, and Elder Estate Planning: Lessons from McCrone v. Henry Estate, 2025 BCSC 1076
Undue Influence, Escorts, and Elder Estate Planning: Lessons from McCrone v. Henry Estate, 2025 BCSC 1076
Undue Influence

In McCrone v. Henry Estate, 2025 BCSC 1076, the British Columbia Supreme Court declined to summarily dismiss a will challenge brought by the niece and nephew of the deceased, Janet Henry. The plaintiffs alleged that a substantial gift made to a younger male escort in Janet’s final will was the product of undue influence. The Court confirmed that such a claim could proceed under section 52 of the Wills, Estates and Succession Act (“WESA”) by way of notice of

Estates Litigation
Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) of the SLRA
Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) of the SLRA
Estates Litigation

Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) SLR Deanna McKinlay, in her proposed capacity as estate trustee of the Estate of Virginia Beecroft, applied for court directions on whether an informal document (the “Proffered Document”) should be recognized as a valid testamentary instrument under s. 21.1(1) of the Succession Law Reform Act (“SLRA”). In the alternative, she sought recognition of the deceased’s 2020 Will and 2021 Codicil. In a recent decision that underscores

Guardianship Lawyer Oakville Ontario
Guardianship Without Security: Lessons from Laxton v. Laxton, 2024 ONSC
Guardianship Without Security: Lessons from Laxton v. Laxton, 2024 ONSC
Guardianship Lawyer Oakville Ontario

In the recent case of Laxton v. Laxton, the Ontario Superior Court of Justice considered a guardianship application involving a close-knit family seeking to care for their elderly matriarch, Josephine Laxton. The court’s decision illustrates how practical, compassionate caregiving — combined with a thoughtful estate plan and clear documentation — can support a guardianship appointment without the imposition of a costly security bond, even for estates valued in the millions. The Facts Raymond, age 85, and his adult son

Estate Litigation
ONCA Upholds Trustee Removal and Orders Personal Cost Consequences in MacBeth Estate v. MacBeth, 2025 ONCA 360
ONCA Upholds Trustee Removal and Orders Personal Cost Consequences in MacBeth Estate v. MacBeth, 2025 ONCA 360
Estate Litigation

Estate trustees can be held personally liable for legal costs if their actions are found to be self-serving or contrary to the estate’s best interests. As confirmed in MacBeth Estate v. MacBeth, 2025 ONCA 360, trustees who pursue unnecessary litigation or appeals may be denied indemnity from the estate and ordered to pay costs personally. The Ontario Court of Appeal upheld an order removing two estate trustees and ordered them to personally pay $21,000 in costs, finding that their

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Our next event is on Tuesday, 5th December 2023, from 12:30 PM – 1:30 PM.

Our next event is on Tuesday, 5th December 2023, from 12:30 PM – 1:30 PM.

Our next event is on Tuesday, 5th December 2023, from 12:30 PM – 1:30 PM.

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416-644-8801

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