Information About Toronto Estate Law Blog

When an original will was last seen in the deceased’s possession, but cannot be found following their death, the presumption of revocation will often arise. Recognizing that a person of ordinary prudence would keep a will in a safe place, the common law presumes that a will that cannot be found afte … Read more »

A beneficiary’s continued occupation of Estate property can create a difficult problem for an Estate Trustee attempting to complete the administration of an Estate, particularly where the property must be sold. In The Estate of Sean Craddock et al. v. Daviau, 2026 ONSC 4881, the Ontario Superior Cou … Read more »

In Chang v. Chang, 2026 ONSC 4842, the Ontario Superior Court of Justice considered whether an unsigned and undated handwritten document could be declared the valid last will and testament of the deceased pursuant to section 21.1 of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). T … Read more »

When married spouses take title to a home as joint tenants, can the fact that one spouse supplied most of the purchase money mean that the home nevertheless belongs, in whole or in part, to that spouse’s estate? The recent decision of Giglione v. Giglione et al., 2026 ONSC 5096, considers that quest … Read more »

Listen to this week’s episode: Featured in this episode of the Hull & Hull Debrief: Mark Debono examines whether a surviving joint account holder must disclose the account to an estate trustee, explaining why no free-standing duty generally arises in Ontario, why Pecore v Pecore 2007 SCC 17 shifts t … Read more »