Jan 30, 2026
I’ve recently become a big fan of the British drama Downton Abbey which ran for six series (or ‘seasons’ for us North American folk) from 2010 to 2015, plus five Christmas specials and three feature films. The show centres around an aristocratic English family in the early 20th century who live in the fictional Yorkshire estate of Downton.
The premise of the first series is that Robert Crawley (the Earl of Grantham and the holder of the entail – or life tenancy – that consists of the Downton estate) and his wife have three daughters but no sons. The problem with the entail is that only male heirs could inherit. Thus, Robert’s eldest daughter Mary could never inherit the Downton estate. [Warning: series 3 and 4 spoilers ahead!]
Through a series of events, it was discovered that Robert’s distant cousin Matthew Crawley was the heir presumptive to the entail. Matthew would inherit the entail after Robert’s death and become the next Earl of Grantham. As TV dramas go, Mary and Matthew end up falling in love and marrying. Then, Robert falls into financial trouble and Matthew bails him out by purchasing half of Robert’s life interest in Downton. This gave Matthew control over Downton during Robert’s lifetime. When Robert died, Matthew would become the Earl of Grantham and inherit the whole entail.
Sadly, Matthew dies prematurely in a tragic car accident, with his widow Mary and newborn son George as his survivors. We learn that Matthew died without a will. (Side note, Matthew was a solicitor and didn’t make a will. Tsk.) Since he died intestate, his infant son inherited Matthew’s estate, which included the one-half ownership in Robert’s life interest of Downton.
Robert unilaterally decided that he should be the guardian of George’s share in Downton until he turned 18, probably so that he could take back full control of Downton. Mary objects to that plan and puts herself forward to be the guardian. Family tension! Drama!
It is later discovered that Matthew wrote a letter to Mary and put it in a book in his office just days before he died, which purported to leave his entire estate to her:
My darling Mary,
We are off to Duneagle in the morning and I have suddenly realised that I’ve never made a will or anything like one, which seems pretty feeble for a lawyer and you being pregnant makes it even more irresponsible. I’ll do it properly when I get back and tear this up before you ever see it, but I’ll feel easier that I’ve recorded on paper that I wish you to be my sole heiress. I cannot know if our baby is a boy or a girl but I do know it will be a baby. If anything happens to me before I’ve drawn up a will and so you must take charge. And now I shall sign this and get off home for dinner with you. What a lovely, lovely thought.
Matthew
[Author’s note: WHY would Matthew leave the letter in a book? WHY didn’t he give it to her or put it somewhere more conspicuous? This is pretty bad estate planning for a solicitor.]
The letter was witnessed by two of Matthew’s clients.
Gasp! Is this Matthew’s Last Will and Testament?
Robert’s lawyer investigates, and concludes that Matthew’s letter demonstrates testamentary intention and therefore is upheld as his Last Will and Testament. So, Mary owns half of the Downton estate while Robert’s alive! All’s well that ends well.
Now that I’ve given you a comprehensive play by play of the juicy drama, let’s apply it to modern-day Ontario law.
Intestate Succession
If Mary and Matthew were a married couple with a child in Ontario, would their child inherit the entirety of Matthew’s estate if he died without a will?
Short answer: No. Intestate succession is governed by the Succession Law Reform Act. It provides that where the testator was survived by a spouse and one child, the spouse is entitled to the preferential share of the estate, which is currently prescribed by legislation as $300,000. After payment of the preferential share, the residue of the estate is split into two parts, one for each of the spouse and the child.
For illustrative purposes, let’s say Matthew’s estate was worth $500,000. Mary would get the first $300,000, and the remaining $200,000 would be split equally between Mary and George. Mary would end up with $400,000, and George would get $100,000.
Guardianship of Property of Minors
If George were a baby in Ontario and suddenly inherited money from his deceased father’s estate, could his grandfather Robert or mother Mary simply assume the role as the guardian of George’s property?
Short answer: No. Neither Mary nor Robert can simply assume the role as guardian of George’s property. Assuming that Matthew died intestate, George’s inheritance would have to be paid to the Accountant of the Superior Court of Justice to be held in trust and managed on his behalf until he turned 18 years old. The alternative is for Robert or Mary to apply for guardianship of George’s property under the Children’s Law Reform Act. If guardianship were granted, they would be responsible for managing George’s property pursuant to a court-approved management plan until he turns 18 years old.
Formalities of a Will
Is Matthew’s letter a valid will under Ontario laws?
Short answer: Likely yes. The Succession Law Reform Act requires that wills be in writing, signed by the testator at its end, and witnessed by two witnesses. Testators can also make a holograph will by writing the whole will in his own handwriting and signature, without the requirement of witnessing signatures.
Assuming that there was no dispute that Matthew handwrote the letter and signed it at the end, and since he stated his testamentary intention to dispose of his property by bequeathing his estate to Mary, the letter would likely be upheld as a valid holograph will. The two witness signatures are nice to have but not required, since the letter was written wholly in Matthew’s handwriting.
I have yet to finish the entire show so please no spoilers for series 5, 6, or the films!
Zara Wong
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 23, 2026
Dealing with estates involves more than Wills, probate and distribution. It also includes the emotional challenges families face in coping with loss, especially in sudden deaths.
No one is fully prepared for loss, even if the deceased was ill for an extended time. However, the deceased preparing and providing instructions can certainly assist the family.
Here are some suggestions to help your family navigate estate matters.
Wills
Inform your family that you have made a Will if you have one. Sometimes families are unaware of the existence of a Will and this can lead to time-consuming searches. There are instances where family members discover the Will a year or two later.
You should also consider discussing the Will’s contents with your family to avoid potential disputes or objections during probate. Quite often, equalization arises when spouses feel they are entitled to more than their allocated percentage, while some children may believe they had contributed more to their parent’s well-being and should therefore receive a larger share.
If you do not have a Will, you should strongly consider making one.
Assets
Make a list of your assets and store it in a safe location for easy retrieval. The list of your assets should include, but are not limited to, bank accounts, shares and investments, personal effects, and real property.
Estate trustees and family members often encounter difficulties in locating assets. Contacting financial institutions and enquiring about potential assets and investments left by the deceased can be costly and again time-consuming.
Health
While some individuals may prefer to keep their health concerns private from their families, it is advisable to disclose them. This ensures that in the event of an emergency or sudden passing, their loved ones are not taken by surprise.
If you are hesitant to share this information with your family, at least confide in a trusted family friend and seek their support for the family when needed.
It is also wise to discuss your future healthcare needs and wishes, particularly when you may lose the ability to make decisions for yourself. If you do not have one, you should strongly consider establishing a power of attorney for personal care.
Funeral Arrangements and Burial
Have a family discussion regarding burial preferences. Families often experience emotional distress and confusion during the period immediately after a death and disagreements on this issue can lead to family discord. Leaving clear instructions will prevent this problem.
Legal Representation
It is advisable to retain a lawyer to advise you on Wills, probate and estate-related legal issues.
Casey and Moss is committed to providing quality service with respect to estate matters.
Roslyn Blackette
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Aug 21, 2025
If you had kids, wouldn’t you make sure they were taken care of if something were to happen to you? Of course. So why aren’t we doing the same for our furry friends?
I’ve worked in Estates for 5 years and have been an animal lover for 28. I’ve seen a lot of Wills, however, I’ve noticed that none of them specify what would happen to their pets if they were to pass.
Now I know what you are thinking, not everyone likes these messy, smelly, hairy, EXPENSIVE (but adorable) animals, but did you know that 60% of Canadian households own at least one pet? By my calculations, that means I should have come across at least a handful of Wills that mentioned their fur babies.
I suspect that people don’t include their pets in their Wills because they either don’t know you can, or they assume a loved one will automatically care for them. Whether it be because they couldn’t imagine giving the animal away or because it may be the last living thing tied to your deceased loved one. However, that’s not realistic to assume nor expect, because animals are a big responsibility.
Now, who is “qualified” to take on the responsibility of being a fur parent?
- Consider their lifestyle. Do they have enough space/room? Are they renting or owning their home? Are they physically fit/capable of giving the animal the care it needs? Does anyone in the household have pet allergies?
- Consider the time commitment. What is their work schedule? Do they have any upcoming travel plans? If they have any kids already, are the kids ready to interact safely with a pet (and is the pet able to interact safely with children?) Are they planning to start a family soon?
- Consider the financial responsibility. Can they afford the ongoing costs and unexpected expenses?
The list goes on.
Please make sure you consider these questions when you are drafting your Will and planning to include your pets. If you have a specific person in mind, ask yourself the above questions, and once you think you have a suitable person, have a conversation with them and make sure they’re agreeable to taking on the responsibility. And it never hurts to have a backup – just in case!
The reality is, if you don’t properly consider the future care of your fur baby, they can end up in a shelter. Shelters are extremely overcrowded and underfunded, and with the cost of living getting more and more expensive, people can hardly afford kids, let alone animals. While children are almost always accounted for in the case that their parents pass, pets are not, and there aren’t the same securities and care put in place to keep them homed, fed, and cared for. Abandoned pets are often (and sadly) euthanized.
It’s important we also don’t forget the furry friends that have already passed and live on a shelf in your loved one’s home. Don’t let them end up in the trash or on a new shelf in a Value Village or Good Will.
Now, here is where I say something crazy, stay with me. I don’t have kids. My dogs are my kids and that is crazy to some people because animals don’t share the same DNA. But real animal lovers will get it.
Introducing the Casey & Moss LLP furry friends. The emotional support behind our toughest days.
Samantha’s dogs: Rusty and Phoebe
Hannah’s family dogs: Bubba, Andy and Kevin
Hannah’s family cat: Bucky
Hannah’s cats: Glep and Coraline
Colleen’s dog: George
Diana’s cat: Ollie
Jenny’s dog: Kaycie
Angelique’s cat: Ginger
Rebecca’s cat: Chester
Jennifer’s cat: Molson
Angela’s dog: Zoey
If you’ve stayed this long, and have a pet, give them a cuddle for me! <3
Samantha Valvona
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
May 15, 2025
Many people in the midst of planning their estate consider adding an adult child as a joint owner on a bank account as a straightforward way to avoid probate taxes and to ensure what they expect will be a smooth transfer of funds after death. In fact, many clients tell us that their deceased parent received explicit advice from their bank that adding an adult child as a joint account holder is an appropriate probate planning strategy. However, relying on joint accounts to transfer inheritance to your children can carry legal complexities that are misunderstood and can lead to unintended consequences.
Under Ontario law, naming an adult child as a joint account holder does not automatically mean that the child becomes the rightful owner of the funds upon the parent’s death. Unless there is clear evidence that the parent intended to gift the funds outright to their child, the law applies what is known as the presumption of resulting trust. This is a legal principle that when a parent transfers property to an adult child without receiving value in return, it is presumed the child is holding the property in trust for the parent’s estate, not as a personal gift. In practical terms, unless the child can prove that the parent intended a true gift, the funds in the account may be treated as part of the estate and are subject to probate.
Disputes typically arise when one child is added as a joint account holder and, after the parent’s death, claims the funds as their own. Other beneficiaries may object, arguing that the account was intended for estate purposes or convenience only. The presumption is that the funds were being held in trust for the estate. Meaning, without clear, contemporaneous evidence of a gift, these cases will often result in lengthy and costly litigation.
These disputes can delay estate administration, trigger court applications, and lead to fractured family relationships. Legal costs pursuing litigation can erode the very funds the joint account arrangement was intended to preserve.
When assessing whether the funds in a joint account are held in resulting trust, courts will consider factors such as: who deposited the funds; how the account was used; whether the deceased retained control; and any written or verbal statements made about the account. Where the evidence is unclear or contradictory, the surviving joint account holder often faces an uphill battle to prove a gift was intended.
Joint accounts can be an appropriate estate planning tool, but they should be used with care and proper documentation. What appears to be a simple banking decision can have far-reaching legal consequences.
Cara Zacks
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Apr 25, 2025
When someone is appointed as an executor of an estate or as an attorney under a Power of Attorney, they are usually provided with one original Will or Power of Attorney document signed in wet ink by the testator or principal. This document is known as the “original.” While acting in your role as executor or power of attorney, you may be asked to produce the original Will or Power of Attorney to prove that you are authorized to act on behalf of the Estate (if probate has not yet been received) or another person (for attorneyships). These requests usually come from financial institutions, healthcare providers, or the Canada Revenue Agency. Because there is only one original document, it is important to avoid giving it away permanently. A solution to this is to have notarized copies made.
What is a notarized copy?
A notarized copy of a document is a true copy of an original, meaning that the copy is verified to match the original exactly. This is done by a notary public (usually a lawyer or government official). A notarized copy includes a notarial certificate on the first page, which states the name of the notary and their attestation that the copy is a true copy of the original document. The certificate is signed by the notary and embossed with a red stamp called a “notary seal”. In most cases, a notarized copy holds the same validity as the original document. However, there are some circumstances where a notarized copy cannot be used (i.e. when you are applying to the court for probate).
Generally, our clients find it helpful to obtain several notarized copies of any original documents they hold, such as death certificates, original wills, powers of attorney, and probate certificates.
Stacie Chrysanthopoulos
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
