Wills & Estates
Case briefs and the rules behind wills, estates and incapacity planning.
Estate law is one of the areas where the rules changed recently, so a good deal of what people remember is now out of date. These guides cover the parts that matter in practice: what Ontario's intestacy formula does when there is no will, what the 2022 amendments actually changed about marriage, separation and improperly signed documents, and what each of the two powers of attorney is for. There are also two case briefs — the long-standing test for testamentary capacity, and how the burden of proof shifts when a will is challenged on suspicious circumstances or undue influence — plus a guide to dependant support claims and the deadlines that go with them. Where a figure is set by regulation and has moved before, we say so and point you to the current source rather than leaving a number here to quietly go stale. None of it replaces advice on your own situation, but it should make the conversation shorter.
Testamentary capacity: Banks v. Goodfellow still governs
The long-standing test for a valid will.
ChallengesSuspicious circumstances and undue influence: Vout v. Hay
How burdens shift when a will is challenged.
LegislationOntario's 2022 will-law changes
Marriage, separation, court validation, and virtual witnessing.
IntestacyDying without a will: Ontario's intestacy rules
Who inherits when there is no will.
IncapacityPowers of attorney: property and personal care
The two documents that plan for incapacity.
DependantsDependant support claims against an estate
When someone can seek support even though there is a will.