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.

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

GW

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

Close Cull: SCC Stays Cull Of Ostrich Farm Exposed To Avian Flu

Canada Healthcare

C

Cassels

Landmark RCMP Seizure Of Over $56 Million In Cryptocurrency From TradeOgre

Canada Technology

WL

WeirFoulds LLP

Fall Tax Briefing: Trust Tax Structures, Mutual Fund Trust Eligibility, Director Liability And More

WD

Wildeboer Dellelce LLP

AI And Insurance: Navigating AI Adoption

TL

Torys LLP

Streamlining Labour: Ontario's Legislative Shift On Labour Mobility

Canada Employment

C

CCPartners

Your Digital Afterlife: Considerations For Estate Planning In The Cyberspace

In the digital age, a person's existence is often intertwined with their virtual identity. With so much of your life existing in the cyberspace...

AH

Alexander Holburn Beaudin + Lang LLP

Comments On Balkisson v. Sandy, 2025 ONSC 856

This case demonstrates the importance of getting legal advice and getting planning done when a parent decides to transfer a property to a child.

LK

Lindsay Kenney LLP

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

As housing prices continue to rise, many first-time homebuyers are turning to their parents for help with the down payment.

Canada Real Estate

LK

Lindsay Kenney LLP

Zombie Deeds – Everything You Need To Know

There is a little-known concept in Estate litigation called the Zombie deed, which deals with property transfers, implemented before the deceased passed away, but was not completed until after passing.

LK

Lindsay Kenney LLP

Substantial Compliance: The Court's Curative Power Has Limits

OE

O'Sullivan Estate Lawyers LLP

Helping Your Kids Buy A Home With A Gift Or Loan

OE

O'Sullivan Estate Lawyers LLP

Les dangers d'un testament rédigé soi-même

MT

Miller Thomson LLP

Beyond The Paperwork: Ramadan v. Coupal And The Limits Of Relationship Agreements In Estate Planning

MT

Miller Thomson LLP

Heirs' Rights After Divorce: Ex-Spouses In Estate Litigation: Carswell v. Engle Estate (2018 BCCA) And The Wills, Estates And Succession Act S. 60

WG

Watson Goepel LLP

Q&A On How To Disaster-Proof The Legacy Of A Family Enterprise

BJ

Bennett Jones LLP

A Cautionary Tale For Farm Succession Planning

Canada Commercial

LL

Lerners LLP

« Jusqu'à Ce Que La Mort Nous Sépare » : Suis-je Responsable De La Facture Fiscale De Mon Partenaire?

MT

Miller Thomson LLP

I've Lost My Will. Now What?

PL

Procido LLP

Docking Your Plans - How To Keep The Family Cottage From Causing A Family Shipwreck

SB

Sorbara Law

A Cautionary Tale For Farm Succession Planning

The decision narrows the scope of proprietary estoppel in the agricultural context and underlines the commercial reality that a succession plan must be both documented and financially achievable.

Canada Commercial

LL

Lerners LLP

« Jusqu'à Ce Que La Mort Nous Sépare » : Suis-je Responsable De La Facture Fiscale De Mon Partenaire?

Imaginez que vous appreniez, après le décès de votre conjoint, que l'Agence du revenu du Canada vous réclame le paiement de la dette fiscale de votre conjoint.

MT

Miller Thomson LLP

I've Lost My Will. Now What?

When engaging in the estate planning process, it is likely that you will receive advice from a lawyer to keep your Last Will & Testament in a safe place...

PL

Procido LLP

Docking Your Plans - How To Keep The Family Cottage From Causing A Family Shipwreck

In Ontario, nothing says "summer" like the family cottage. It is where marshmallows are roasted, attempts at barbecue are made, and where canoe paddles are lost.

SB

Sorbara Law

Don't Forget About Your Furry Friends When You Prepare Your Will (But Let's Be Real… How Could You Forget About Them?)

CM

Casey & Moss LLP

Why You Should Have A Power Of Attorney: Planning Ahead For Life's Unexpected Turns

One day, you are managing your everyday routine, and the next, something unexpected happens: an illness, an accident, or the gradual effects of aging.

NL

Nelligan Law

Sign Here, Virtually: Alberta Allows For The Remote Signing Of Estate Planning Documents Indefinitely

To provide context, on May 15, 2020 the Minister of Justice of Alberta issued Ministerial Order 39/2020 (the "Order") in response to the COVID-19 pandemic. The Order permitted the remote witnessing of Wills...

MR

McLennan Ross LLP

A Brand's Legacy: Planning For Trademark Succession

Estate planning often focuses on tangible assets – homes, bank accounts, and personal belongings.

AH

Alexander Holburn Beaudin + Lang LLP

Leaving a Legacy Across Borders?
"Do Not Let Your Will get Lost in Transit"

In today's world, borders can be blurry. This is especially true when it comes to your money and assets. Perhaps you have an apartment in Paris...

SB

Sorbara Law

Estate Planning For Common Law Spouses

SB

Sorbara Law

Why Do We Procrastinate When It Comes To Estate Planning?

OE

O'Sullivan Estate Lawyers LLP

Beyond Succession: How To Disaster-Proof Your Family Legacy (Podcast)

BJ

Bennett Jones LLP

The Dangers Of Making Your Own Will

MT

Miller Thomson LLP

"Until Death Do Us Part": Am I Responsible For My Partner's Tax Bill?

MT

Miller Thomson LLP

Congratulations, You're An Estate Trustee: Obtaining Asset Values From Financial Institutions

CM

Casey & Moss LLP

From Farm To Court: Estate Litigation And The Family Farm

SL

Siskinds LLP

Legally Declaring A Missing Person Dead For The Purpose Of Administering The Estate

LK

Lindsay Kenney LLP

Check Your Wills For Errors

LK

Lindsay Kenney LLP

Is It Possible To Have More Than One Spouse?

LK

Lindsay Kenney LLP

From Duty To Liability: The Evolution Of Trustee Responsibility In Ontario Courts

LL

Lerners LLP

Exactly How Privileged Are Your Estate Planning Discussions?

Canada Wealth Mgt

PV

Pallett Valo LLP

Beneficiary Designations For Registered Accounts: Do You Really Want The Courts To Get Involved?

OE

O'Sullivan Estate Lawyers LLP

Estate Planning When Provincial Laws Conflict

Worldwide Family

OE

O'Sullivan Estate Lawyers LLP

No Ring, No Rights? Common Law Spouses And Estate Claims

SB

Sorbara Law

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Latest Videos

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

WG

Watson Goepel LLP

Estate Planning: The Differences Between A Will, Enduring Power Of Attorney, And Personal Directive (Video)

PM

Parlee McLaws

Understanding Estate Litigation In BC: How Proper Preparation Can Prevent Legal Battles (Video)

FH

FH&P Lawyers

Hot Topics In Estate Planning (Video)

TM

Torkin Manes LLP

How To Create A Strong Estate Plan (Video)

LK

Lindsay Kenney LLP

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