Canada: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

How To Reduce Double Taxation On An Estate Through The Loss Carryback Strategy: Intelligence From A Canadian Tax Lawyer

When a loved one dies, taxes can impose a substantial and often unexpected burden on their estate.

RS

Rotfleisch & Samulovitch P.C.

When Is Probate Required In Ontario? (Video)

Ontario wills and estates lawyer Ishita Chopra explains probate in Ontario and how it affects the administration of an estate. While probate is not always required, once one asset must be probated...

DS

Devry Smith Frank LLP

Avertissement aux entreprises familiales à actionnariat restreint : leçons essentielles pour les propriétaires et les actionnaires

En Ontario, la gestion d'une entreprise familiale détenue par un cercle restreint d'actionnaires repose souvent sur la confiance, des ententes informelles...

Canada Commercial

MT

Miller Thomson LLP

The Power Of Two: Dual Wills In BC

While a single will can be the most suitable estate planning tool for many will-makers, estate planning has evolved beyond the simple "one-will-per-person" paradigm.

AH

Alexander Holburn Beaudin + Lang LLP

Sneaky Trusts: The Legal Plot Twist With Gratuitous Property Transfers

Canada Real Estate

AH

Alexander Holburn Beaudin + Lang LLP

Happy New Year: U.S. Estate Tax Reform And The Impact Of The One Big Beautiful Bill Act On Canadians

Worldwide Family

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O'Sullivan Estate Lawyers LLP

Will vs Power Of Attorney In Ontario: Why You Need Both (Video)

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (December 15 – 19, 2025)

Worldwide Litigation

BM

Blaney McMurtry LLP

How New Assets Are Handled In Your Will (Video)

DS

Devry Smith Frank LLP

Estate Essentials: What Is Probate And Why Should You Know About It?

WL

WeirFoulds LLP

Dependant's Relief Claims: A Tug-of-War Between Testamentary Freedom And Familial Obligation

OE

O'Sullivan Estate Lawyers LLP

Ontario Court Rejects Validity Of $83-million Purported Will

FR

Fillmore Riley

Litiges successoraux impliquant des enfants : les règles juridiques cachées que les parents ignorent souvent

MT

Miller Thomson LLP

Points clés à retenir du Séminaire annuel 2025 sur les régimes de retraite et les avantages sociaux

Canada Employment

MT

McCarthy Tétrault LLP

British Columbia Establishes New Illness And Injury Leave

Canada Employment

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Littler - Canada

2025 Year-End Tax Planning Guide

CM

Crowe MacKay LLP

Kim Kardashian Failed The Bar Exam. That's Not The Story.

Canada Commercial

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Lerners LLP

Could Your Termination Provisions Be Rendered Unenforceable In 2026? The Ontario Court Of Appeal Is Set To Decide This Important Issue

Canada Employment

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Soloway Wright

After The Surge: Understanding The GTA's Housing Market Decline

Canada Real Estate

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Aird & Berlis LLP

Seven Essential Steps For Estate Administration Across Canada – Guidance From An Experienced Canadian Tax Lawyer

When an individual dies, all property, assets, and interests left behind constitute the estate. Estates may include bank accounts, investments, real property, business shares, personal possessions, cryptocurrency or NFTs, and other holdings.

RS

Rotfleisch & Samulovitch P.C.

Estate Planning: When Health Practitioners Should Consider A Professional Will

When health professionals in Manitoba think about estate planning, the conversation usually revolves around a personal will, power of attorney and health care directive.

MA

MLT Aikins LLP

Continuing Powers Of Attorney For Property - Do's And Don'ts

A continuing power of attorney for property is an estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor when the grantor becomes mentally incapable...

OE

O'Sullivan Estate Lawyers LLP

Estate Disputes Involving Children: The Hidden Legal Rules Parents Often Miss

Estate litigation often engages the rights of children, and a substitute decision-maker is frequently required to step in and represent their interests.

MT

Miller Thomson LLP

Seeking Relief But Finding Regret

GR

Gardiner Roberts LLP

Cinq capacités de décision importantes que les professionnels des milieux juridique, financier ou médical devraient connaître

MT

Miller Thomson LLP

Revocation Miscalculations – Beneficiary Designations Edition

OE

O'Sullivan Estate Lawyers LLP

Enduring Powers Of Attorney: Obligations, Limits, And Accountability

ML

McKercher LLP

Protecting Your Wealth Before The Holidays: Why High Net Worth Couples Should Consider A Marriage Or Cohabitation Agreement

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Linmac

Revocation Miscalculations - Beneficiary Designation Edition

OE

O'Sullivan Estate Lawyers LLP

Unsubstantiated Allegations In Estate Disputes: The Perils Of Malacek v. Young (2021 BCSC 2219)

WG

Watson Goepel LLP

Estate Essentials: Who Should Administer Your Estate?

WL

WeirFoulds LLP

The Digital Draft Dilemma: Is Your Estate Plan Vulnerable To A Single Unprinted File?

MT

Miller Thomson LLP

When There Is No Will, There Is Still A Way: How To Identify Heirs In Ontario

PV

Pallett Valo LLP

Seven Essential Steps For Estate Administration Across Canada – Guidance From An Experienced Canadian Tax Lawyer

When an individual dies, all property, assets, and interests left behind constitute the estate. Estates may include bank accounts, investments, real property, business shares, personal possessions, cryptocurrency or NFTs, and other holdings.

RS

Rotfleisch & Samulovitch P.C.

Estate Essentials: Who Should Administer Your Estate?

No matter how simple or complex your estate may be, one thing about it is certain: somebody (the executor, now called an estate trustee in Ontario) will need to administer it.

WL

WeirFoulds LLP

The Digital Draft Dilemma: Is Your Estate Plan Vulnerable To A Single Unprinted File?

The Ontario Superior Court's (the "Court") recent decision in Madhani v. Fast, 2025 ONSC 4100, serves as a critical wake-up call for exposure in estate planning.

MT

Miller Thomson LLP

When There Is No Will, There Is Still A Way: How To Identify Heirs In Ontario

In most cases when a person dies, beneficiaries are identified in their Will. But when a person dies without a Will (referred to as "intestate"), rules need to be followed to identify who the heirs are.

PV

Pallett Valo LLP

Five Types Of Decision-making Capacity Every Legal, Financial, And Medical Professional Should Know

MT

Miller Thomson LLP

Finality Over Fairness: Tessaro v. Gora, 2025 ONSC 198, A Cautionary Tale In Will Drafting And Limitation Periods

The Ontario Superior Court's decision in Tessaro v. Gora, 2025 ONSC 198, quietly answered a long-standing question among estate planners: what happens when a decades-old drafting error is unexpectedly discovered?

LL

Lerners LLP

The 7 Steps Of Estate Administration In Canada – Guidance From A Canadian Tax Lawyer

When an individual passes away, the property and assets s/he leaves behind are collectively referred to as her/his estate.

RS

Rotfleisch & Samulovitch P.C.

You Decide: Advance Requests And Medical Assistance In Dying (MAID)

The role of the estate planning lawyer has greatly expanded over the last three decades with the advent in the 1990s in Ontario of modern legislation dealing with substitute decision-making...

OE

O'Sullivan Estate Lawyers LLP

Blogs Begetting Blogs: An Update On Marriage Revoking A Will

I love hearing from readers of our blogs. It's exciting to know people are reading and thinking about them, but beyond that, it's such a pleasure to connect with other lawyers and discuss the law...

CM

Casey & Moss LLP

Commonly Asked Questions By Potential Clients Regarding Estates And Wills

CM

Casey & Moss LLP

Dying Without A Will (Intestate)

ML

McKercher LLP

Estate Essentials: Rule Change — The Rules For Appointing Litigation Guardians Receive An Update

WL

WeirFoulds LLP

Legal Vs. Beneficial Ownership: What It Means For Your Estate Planning

OE

O'Sullivan Estate Lawyers LLP

Safeguarding Your Gift: What Property Recipients In Ontario Need To Know

Canada Commercial

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Gowling WLG

Navigating The Changing Landscape Of Gift Exclusions In Family Law

LL

Lerners LLP

Court Of Appeal Summaries (September 15 – 19, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Undue Influence In Estate Litigation: An Overview Of Stevens v. Esak And Baylis Estate

WG

Watson Goepel LLP

What Courses Should You Take In Law School? Estate Litigation Edition

Canada Litigation

CM

Casey & Moss LLP

The GRE: What It Is, Why Use It, And How To Keep It

OE

O'Sullivan Estate Lawyers LLP

Your Digital Afterlife: Considerations For Estate Planning In The Cyberspace

AH

Alexander Holburn Beaudin + Lang LLP

Comments On Balkisson v. Sandy, 2025 ONSC 856

LK

Lindsay Kenney LLP

Should A Parent Loan A Down Payment To Their Child? What You Need To Know

Canada Real Estate

LK

Lindsay Kenney LLP

Zombie Deeds – Everything You Need To Know

LK

Lindsay Kenney LLP

Substantial Compliance: The Court's Curative Power Has Limits

OE

O'Sullivan Estate Lawyers LLP

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Latest Videos

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Will vs Power Of Attorney In Ontario: Why You Need Both (Video)

DS

Devry Smith Frank LLP

BTC Series: What Does Estate Planning Really Mean? (Video)

WG

Watson Goepel LLP

Why You Should Have A Will: Three Reasons To Plan Ahead (Video)

PM

Parlee McLaws

Cautionary Tales In Estate Litigation In BC: What Every Family Should Know Before It's Too Late (Video)

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FH&P Lawyers

Hot Topics In Estate Planning (Video)

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Torkin Manes LLP

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