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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

ARE YOU A BARRACUDA?

Some clients think what they need is a lawyer who is going to write nasty five-page letters punctuated with threats and sarcasm, ending with “Govern yourself accordingly”.  However, a nasty letter writing campaign between two blow hard lawyers doesn’t accomplish much other than to add to their clients’ legal bills.  

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DIY WILLS: THE GOOD, THE BAD AND THE UGLY

Will kits are online documents that can be purchased, which walk the user through the process of writing a will (often, this is done in a fill-in-the-blanks type format). But as with any DIY approach, there are both benefits and drawbacks worth considering when relying on a will kit for your estate planning needs.

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CASEY & MOSS WELCOMES OUR SUMMER STUDENTS

Casey & Moss is thrilled to welcome our 2024 summer students, Diana Begaliyeva and Fara Seddigh, to our team. Read on to get to know Diana and Fara! Diana Begaliyeva Diana is an incoming 3L at Queen’s University Faculty of Law. Prior to law school, Diana...

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CONSIDERATIONS IN MOVING FORWARD WITH A WILL CHALLENGE

In some cases, the facts provided by the client strongly suggest that the relative was unlikely to have had the capacity to make the disputed Will. However, most situations do not fit into this category and there are often many gaps in the potential client’s knowledge.  This is often because some key information and documentation is not available to review.

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WHERE THERE IS A FOREIGN WILL, THERE IS A WAY

Where the deceased did not have an Ontario Will, the Estates Act provides that estate trustees can apply for a “Resealing of Appointment of Estate Trustee” or an “Ancillary Appointment of Estate Trustee” in Ontario. Resealings and ancillary appointments have the same effect of recognizing the foreign grant of probate in Ontario as if it were originally granted by the Ontario Superior Court of Justice.

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WHERE TO FIND US

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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