Estates & Wills

A Recent Court of Appeal Decision Underscores a Critical Deadline In Elizabeth Casey Cooke Family Trust v. Dioguardi, 2026 ONCA 85, the Ontario Court of Appeal delivered a decision that every estate beneficiary should be aware of. The case involved a will that contained a drafting error — the lawyer who prepared it failed to include a proper alternative disposition for a portion of the estate. By the time the affected beneficiaries tried to do something about it, it was too l

What Is Probate? In Ontario, probate is the process of obtaining a Certificate of Appointment of Estate Trustee from the Superior Court of Justice. This certificate is a court order that officially confirms the executor’s authority to administer the estate. It tells banks, financial institutions, the land registry, and other third parties that the person named in the will has been validated by the court and can legally deal with the deceased’s assets. There are two types of a

Being Named Executor Is a Serious Responsibility When a loved one passes away, the person named as estate trustee (executor) in the will is suddenly responsible for managing everything the deceased left behind. This includes gathering assets, paying debts, filing tax returns, and ultimately distributing the estate to the beneficiaries. It is a role that carries legal obligations, personal liability, and often a surprising amount of complexity. Many executors are family member

Estate planning is something most people know they should do but keep putting off. Whether you need a will, powers of attorney, or help administering a deceased person's estate, choosing the right estate lawyer is an important decision. Here is what to look for when selecting an estate lawyer in Ontario. Why You Need an Estate Lawyer Ontario estate law involves multiple statutes including the Succession Law Reform Act, the Estates Administration Act, the Substitute Decisions

A power of attorney is one of the most important legal documents you can have, yet many Ontarians do not have one in place. If you become incapacitated due to illness, injury, or cognitive decline, a power of attorney ensures that someone you trust can manage your affairs. Here is what every Ontario resident should understand about powers of attorney. What Is a Power of Attorney? A power of attorney is a legal document that gives another person (called your attorney) the auth

McNutt v. Draycott, 2014 ONSC 5363 (Ontario Superior Court of Justice) A Family Divided Over an Elderly Father's Care Peter Draycott was 94 years old. Despite his age and a diagnosis of dementia, he still lived in his own home with two of his four children, Geoffrey and Yolis, who cared for him daily. He dressed himself every morning in a suit jacket, tie, and dress pants — "in case something comes up," he told his care worker. He climbed the stairs to his bedroom about ten t