Wills, Trusts & Estates
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April 01, 2025
What 2024 taught us about trusts and estates litigation in Canada
As litigation in estates and trusts law continues to evolve, 2024 marked a significant year for Canadian courts. Several appellate decisions pushed the boundaries of existing doctrines while reinforcing core principles that define estate planning, administration and disputes. The legal landscape increasingly demands sharper attention to detail from lawyers and trustees alike, particularly around limitation periods, testamentary capacity, fiduciary obligations and procedural fairness.
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March 28, 2025
Canadian legal groups and regulators slam Trump administration’s ‘attacks’ on U.S. judiciary and bar
Canadian bar groups and the country’s 14 legal regulators are condemning the new U.S. administration’s “attacks” on American legal institutions. The concerns of Canada’s legal community were sparked recently by various calls from U.S. President Donald Trump and his allies to impeach judges who have not ruled in favour of the Republican administration’s actions, as well as by presidential executive orders and negative statements targeting individual lawyers and law firms, the immigration bar and so-called “Big Law” in the United States.
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March 25, 2025
Field Law adds to its wills, estates and trusts team
Field Law has expanded its wills, estates and trusts team by welcoming Amie Heil to the partnership and both Rhonda Johnson and Patty Ko as counsel.
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March 24, 2025
Online wills or individualized estate planning: Pros and cons
While the technical legal requirements of a will may be met in a variety of forms — often subject to arduous court proceedings declaring such validity — there is a big difference between what constitutes a valid will and what comprehensive estate planning encompasses. Wills can take many forms, for example, Cecil George Harris’s historic will, etched onto a panel of farm machinery under which he was trapped and later succumbed to injury, or the Court of Appeal for Ontario’s 2022 finding in McGrath v. Joy, 2022 ONCA 119 that a suicide note was a valid will.
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March 21, 2025
Court of Appeal upholds action despite six-year delay, cancels certificates of pending litigation
The B.C. Court of Appeal has upheld a lower court’s decision not to dismiss a legal action despite a six-year delay in prosecution — but overturned a ruling that allowed related certificates of pending litigation (CPLs) to remain in place.
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March 21, 2025
Carney cancels increase in capital gains inclusion rate, GST for some first-time home buyers
Days before a federal election call expected this Sunday, March 23, Prime Minister Mark Carney has unveiled two key tax changes, including a March 21 announcement that his government will cancel its controversial proposed increase in the capital gains tax inclusion rate.
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March 21, 2025
Canada sanctions 8 Venezuelan officials, 3 Haitians individuals with dealings and immigration bans
The Government of Canada has imposed sanctions against three individuals it says have exacerbated the political, security and humanitarian crisis in Haiti and against eight current senior officials of the Venezuelan government it says have engaged in activities that directly or indirectly supported human rights violations or anti-democracy violations in Venezuela.
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March 19, 2025
Ford announces new Ontario cabinet, most ministers remain in position
Ontario Premier Doug Ford has announced his new cabinet, emphasizing that they will deliver on the province’s mandate to “do whatever is necessary to protect Ontario in the face of tariffs from the United States.”
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March 18, 2025
Wills revoked by marriage not revived by repeal of wills legislation
Over the last 15 years, a number of jurisdictions in Canada have repealed the law under which a will is revoked by marriage. In British Columbia, for example, the rule was simply excluded when the Wills, Estates and Succession Act was enacted.
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March 17, 2025
Yukon introduces changes to laws on dying without a will
Yukon’s government is proposing amendments to legislation concerning wills, estates and powers of attorney — including changes to laws dealing with those who die without a will and with no family.