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HOW MY WORK IN ESTATES LAW CONVINCED MY PARENTS TO UPDATE THEIR WILLS

Working in Estates law, I have seen countless matters where a person has died without a Will (“intestate”), or their Will was written decades prior to their passing. As such, their Will (or lack thereof) does not accurately reflect their assets upon their death, nor their wishes for the management and distribution of their assets.

ALZHEIMER’S IS THE LIAR

According to the Alzheimer’s Association, “a person with Alzheimer’s may become suspicious of those around them, even accusing others of theft, infidelity or other improper behaviour”. [1]  Yet, in power of attorney disputes, siblings are often unwilling to consider that the parent’s suspicions about their sibling might be unfounded.

A CLIENT’S GUIDE: HOW TO READ YOUR LEGAL INVOICE

Opening a lawyer’s invoice can feel unfamiliar, with new terms, decimal hours, and detailed line items. This guide is designed to walk you through your invoice so you can review it with confidence and clarity.

ESTATES AND LIMITATION PERIODS

For Estates litigators, the date of the Deceased person’s death is perhaps the key piece of information we need to get from a potential client. That date is relevant for many purposes, but the most significant is that it starts a limitation period running. Under section 38(3) of the Trustee Act, most potential claims against a Deceased person become statute barred – in other words, they expire – two years from the date of the death.

A SIMPLE GUIDE TO ESTATES, EXECUTORS, AND PROBATE

When someone you know passes away, there is more to manage than just the impact of their loss. There is a legal process that determines how their finances are handled, debts are paid, and inheritances are distributed. It can feel overwhelming if you’re not familiar with the terminology or steps involved. This guide breaks down the fundamentals of estates in Ontario in way that is easy to understand.

THE PRECARIOUS ROLE OF SECTION 3 COUNSEL: A REVIEW OF GROVES V. GROVES, 2026 ONSC 1206

A recent decision from the Toronto Estates List has brought into focus the challenges of acting as Section 3 counsel. In Groves v. Groves, 2026 ONSC 1206 (“Groves”), the applicants, Lori Groves and Mark Groves, sought guardianship over their father, John Groves (“John”), and an Order allowing them to apprehend John from his residence where he lived with the respondent, Lourdes Palmer.

BOOKING A CIVIL MOTION DATE AT THE SUPERIOR COURT OF JUSTICE – BRAMPTON

Now that many court appearances can be done virtually, lawyers have more flexibility in the files they can take on. In the past, a simple 15-minute scheduling appearance could mean hours of travel, so we had to be cautious about accepting matters in distant jurisdictions.

WHEN A DRAFT WILL IS NOT ENOUGH: SMITH V. BECHTEL

In Smith v. Bechtel, 2026 ONSC 975, the Ontario Superior Court of Justice considered whether an unsigned draft will prepared by a lawyer could be treated as a valid will under s. 21.1 of the Succession Law Reform Act. The case highlights an issue that sometimes arises when someone begins the process of making a will but dies before it is formally signed.

WRIT OF SEIZURE AND SALE: SHOULD YOU FILE THROUGH REGISTRAR OR WRITFILING?

A judgment has been awarded to you, but the money hasn’t arrived, yet. We’ve discussed the option of Garnishment in my previous blog. You probably have also heard of a Writ of Seizure and Sale, but how to start the process?

WHAT LAW SCHOOL DOESN’T TEACH YOU ABOUT GOING TO COURT

In law school, we learn how to read a set of facts, find the legal issues, the applicable legal tests, and apply them to answer some hypothetical question. What we do not learn, at least not in detail, is how to prepare for court in practical ways, aside from knowing the law. This is where the articling experience comes in.

Recent Posts

MY EXPERIENCE AS A 2L SUMMER LAW STUDENT AT CASEY & MOSS LLP

Accepting my offer at Casey & Moss was an exciting moment for me. However, as my start date approached, my nerves set in – what will my 2L summer look like? Reflecting on this summer, I can confidently say it has been one of the most rewarding experiences of my law school career. To give prospective students an idea of what it’s like to work at Casey & Moss, I decided to share my experience working here this summer.

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FRIDAY AFTERNOON WITH VINNY

We moved into our office two years ago and there was always something (ahem… billable work) which put us off hanging art on the walls. When we finally got some pieces a few weeks ago we realized we didn’t really want to hang them ourselves. So Cara Zacks asked the local shop that had printed them for us if they knew someone who could do it.

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WHAT DO I NEED WHEN CONTACTING AN ESTATES LAWYER?

When you find yourself in a situation where you need to contact an Estates lawyer, you might ask yourself: What should I have ready? In all matters involving Wills, Estates, incapable persons, and so forth, it is essential that you have the appropriate information at the ready.

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UNWILLING FOR A WILL? A CAUTIONARY TALE

There is a significant stigma around wills and estate planning, often seen as a morbid task rather than a responsible and caring act. Overcoming this stigma is essential for ensuring that one’s wishes are honoured and that family members and friends are spared any unnecessary distress.

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WHERE TO FIND US

OFFICE  

20 Adelaide Street East
Suite 1500, Mailbox 50
Toronto, Ontario  M5C 2T6
(east of Yonge Street)

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T. 647.490.1385
F. 647.494.0085

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PLEASE NOTE: Our Firm does not accept retainers via email; and sending an email to our Firm does not constitute a retainer. You will not be considered a client of the Firm unless and until we have agreed to act for you according to our usual procedures for accepting clients which includes a signed written retainer agreement. Do not include any confidential information in your email.

ANGELA CASEY

D: 647.494.5497
acasey@caseyandmoss.com

CARA ZACKS

D: 647.494.0309
czacks@caseyandmoss.com

FELICIA CYRIL

D: 647.494.3990
fcyril@caseyandmoss.com

REBECCA SUGGITT

D: 647.351.9990
rsuggitt@caseyandmoss.com

JENNIFER JIANG

D: 647.368.6173
jjiang@caseyandmoss.com

STACIE CHRYSANTHOPOULOS

D: 647.368.5958
stacie@caseyandmoss.com

ANGELIQUE MOSS

D: 647.494.5447
amoss@caseyandmoss.com

ZARA WONG

D: 647.497.6395
zwong@caseyandmoss.com

MATIAS GUTIERREZ

D: 437.564.2743
mgutierrez@caseyandmoss.com

EMILIA SZCZEPKOWSKI

T: 437.561.5946
eszczepkowski@caseyandmoss.com

SAMANTHA VALVONA

T: 437.561.6694
svalvona@caseyandmoss.com

LAURA CARDIFF

D: 647.494.3975
lcardiff@caseyandmoss.com

ADAM GIANCOLA

D: 647.497.6394
agiancola@caseyandmoss.com

ROSLYN BLACKETTE

T: 647.368.6708
rblackette@caseyandmoss.com 

COLLEEN DOWLING

D: 647.368.6556
cdowling@caseyandmoss.com

HANNAH HENLEY

T: 647.797.0252
hhenley@caseyandmoss.com