Information About Toronto Estate Law Blog
Recent Posts
Below is a preview of the five most recent posts from the blog Toronto Estate Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- When Can an Estate Trustee Pay a Beneficiary’s Legal Fees From the Estate?
Estate trustees are frequently asked by beneficiaries to have the estate cover a beneficiary’s legal costs, whether because the beneficiary has retained counsel to attend a passing of accounts, to respond to a challenge to the will, or simply to monitor the administration of the estate. Whether the … Read more »
- Hull on Estates Episode 752: Fraud and Fabricated Wills in Probate: Lessons for Estate Practitioners from R. v. Konashewych
This week on Hull on Estates, Doreen So and Kagan Acar discuss R. v. Konashewych, 2026 ONCA 497, in which the Ontario Court of Appeal upheld the fraud convictions of a police officer and an employee of the Office of the Public Guardian and Trustee who produced a fabricated will and pushed it through … Read more »
- Is a Litigation Guardian Always Necessary for an Incapable Litigant?
A recent decision of the Ontario Superior Court of Justice considered whether a litigation guardian must always be appointed before a proceeding involving a party under a disability can be resolved. In Licursi v. Bank of Montreal, 2026 ONSC 4953, the Court concluded that the appointment of a litigat … Read more »
- Can Parties Agree to Bypass the Minimal Evidentiary Threshold in Ontario?
Will challenges in Ontario have been subject to preliminary screening via the minimal evidentiary threshold since 2016, when the Ontario Court of Appeal decided Neuberger v York, 2016 ONCA 191. For the past decade, a person seeking to challenge the validity of a will has been required to adduce, or … Read more »
- The Difference Between Resulting Trusts and Constructive Trusts: Guidance from the Ontario Court of Appeal
In the recent decision of the Court of Appeal for Ontario in Caroti v. Vuletic, 2026 ONCA 614, the Court set aside a post-trial distribution order that had denied a group of settling investors any share of more than $11 million in preserved sale proceeds arising from a failed real estate development … Read more »