Canada: Wills/ Intestacy/ Estate Planning

A complex and challenging area of law is the intersection of trust law and family law. Ontario law, in contrast to many other common law jurisdictions, has given liberal treatment of a discretionary interest in a trust as property which can be subject to equalization under our family law legislation. See our prior blogs on this subject: Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero (September 5, 2024) and Heads Up: Grappling with Family Law’s Treatment of Discretionary Trust Interests (January 6, 2015).

A legal professional shares their unconventional journey from studying Behavioural Science and working at car dealerships to ultimately finding their calling in the legal field. After taking a chance on a legal assistant position...

For many business owners, the company is their largest asset. In an Ontario divorce, the business itself is usually not divided between spouses, but its value can have a major impact on the equalization payment that one spouse may owe the other.

Estate planning later in life requires careful attention to testamentary capacity to prevent will challenges. Learn four essential strategies to protect your will's validity, including working with experienced lawyers, obtaining formal capacity assessments, documenting detailed instructions, and executing your will in a professional setting to ensure your wishes are legally defensible.

Estate disputes involving corporate and trust structures require coordinated legal expertise across multiple disciplines. The Staples v. Jean case demonstrates how administering complex estates can simultaneously engage estate law, corporate governance, tax planning, employment issues, and litigation strategy, highlighting the critical importance of comprehensive legal guidance for estate trustees managing sophisticated business interests.

John and Jane each purchase a real property in Ontario in 2003, to which they take title in their names alone. John purchases a residential property for $2,000,000 (“John’s Property”) and Jane purchases a cottage property for $1,000,000 (“Jane’s Property”).

Although every adult Canadian should have a will, it is common that people do not turn their minds to their estate planning until they become parents.

A British Columbia court case examines how ambiguous language in a purpose trust created to fund educational expenses led to litigation when trustees needed judicial direction on whether boarding school costs...

Clark Wilson LLP showcases its latest legal insights and firm achievements, including guidance on property transfers between family members and recognition as the most-named firm on Business in Vancouver's Biggest Real Estate...