May 5, 2026
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.
This got me thinking: ‘When was the last time my Mum and Dad updated their Wills?’. I brought this up to my parents one day and was shocked to find out that their Wills were written over two decades ago just after I was born. Having children prompted my parents to draft Wills so that they could ensure we were taken care of in the event of an accident or illness. Now that so many years had passed, my parents’ lives had changed dramatically, but their Wills did not reflect this. I knew it was time for me to have “the talk” with them (the Will talk!).
I took the time to discuss the importance of a clear, comprehensive and up-to-date Will with my parents, and it is probably one of our most important conversations to date. Shortly after we spoke, my parents made an appointment with a lawyer and had their Wills updated to reflect their current wishes and assets.
I am beyond grateful that I had the knowledge and forethought needed to persuade my parents to update their Wills. Most times, people do not draft or update their Wills because they don’t truly understand their significance. To put it simply, having an accurate attested Will is essential for three main reasons:
- It will protect your assets and wishes;
- It will provide clear instructions to loved ones upon your passing; and
- It will help relieve any potential conflict regarding your estate.
I hope you take this blog post as an opportunity to remind your loved ones of the importance of having a formal Will!
Hannah Henley
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 23, 2026
As a mediator, I have seen the same dynamic play out in many power of attorney disputes. Sibling A swears that the parent suffering from dementia doesn’t trust Sibling B, and wants Sibling A to act as POA for property and personal care. Sibling B tells me the opposite: the parent is highly mistrustful of Sibling A and insists that Sibling B is the only one that can be trusted to make substitute decisions about finances and health care.
Most of the time, I believe both of them.
I try very hard in our caucus meetings to ask questions aimed at encouraging each of the parties to explore whether both things might be true. I am surprised at how closed litigants are to the possibility that Alzheimer’s disease is the true villain in the dispute.
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.
Another feature of dementia is confabulation. It is a natural coping mechanism which happens when a dementia patient attempts to fill in missing gaps in their memory with things that are untrue. Rather than confronting the painful truth that the patient has no memory of that meeting with the lawyer or that discussion with Child A, the diseased brain protects the patient by supplying false memories.
Alzheimer’s disease lies to the people suffering from it. Dementia patients commonly experience anosognosia – the inability to recognize their own memory and cognitive deficits.
Logic would dictate that when a parent suffers from Alzheimer’s, and says two different things to two different people, the most likely explanation is that the disease has rendered the parent an unreliable narrator. And yet, so many siblings caught up in POA disputes immediately dismiss the disease as a possible contributor to the dispute. They confidently conclude that the only possible explanation is that their “evil sibling” is a liar.
Perhaps it is less painful to believe their sibling is lying (particularly a sibling they never got along with) than it is to accept that the disease has already progressed to the point that the parent’s words cannot be relied upon anymore. When a child has spent a lifetime looking to a parent for support, advice, care and judgment, it is difficult to accept that certain aspects of the relationship are now gone.
Many years of litigating and mediating these disputes have convinced me that litigation is a terrible way of resolving them. Once litigants reach the mediation stage, they have spent tens of thousands of dollars on legal fees, making them even more entrenched in the righteousness of their position. Too often the stumbling block to settling these cases is the sunk costs of the legal fees already spent.
I can’t help but wonder: What if the siblings had pursued mediation from the outset instead of going to court first? What if they had consulted dementia experts first before going to legal experts? What if they had focused on dementia as the enemy instead of their sibling?
Angela Casey
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.
[1] https://www.alz.org/
Apr 17, 2026
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.
- Invoice Summary
Most legal invoices begin with a summary that provides an at a glance overview of the total charges. The summary typically includes the following:
- Invoice number
- Date of the invoice
- Date the invoice is due
- Amount due, inclusive of tax
- Retainer balance/amount in trust, if applicable
- Any previous outstanding invoices, if applicable
- Who performed the tasks, often referred to as the “timekeeper” (partner, associate, law clerk, student)
- Understanding the Billing Structure
Your invoice reflects the fee and billing structure set out in your Retainer Agreement. This agreement outlines the firm’s rate schedule, billing practices, and disbursement policies to ensure clarity in billing from the start.
Two examples of billing structures include:
Hourly Billing
The most standard billing structure in law firms is time-based billing, where time is tracked in increments (6 minutes = 0.1 hours).
Each line entry shows the following:
- Date of service
- Description of the task
- Time spent (quantity)
- Rate of the timekeeper
- Total cost of the task
- Any potential discounts
- You may also notice “non-billable entries”, these are services that are recorded but not charged.
While reviewing your invoice, you’ll see that each entry includes clear descriptions of the work performed and how it contributes to moving your matter forward. This level of detail is meant to give you full transparency into how time is allocated and how your file is progressing. Legal work is often handled as a team, and invoices reflect this collaboration. That means rates can vary depending on who’s working on your file.
Flat Fees
For certain services, a fixed fee may apply. In these cases, the invoice reflects a single agreed-upon price for a specific task. Flat fees are commonly used for services such as mediation, consultations, and probate.
- Services vs. Expenses
On an invoice, you’ll usually see a clear breakdown of the services provided along with any related expenses. Services reflect charges for the time spent completing specific tasks. Expenses, also referred to as disbursements, are costs the firm may incur on your file, such as court filing fees, process server fees, postage or courier services, fees for obtaining records, and printing expenses. These expenses are generally listed at the bottom of the invoice, after the services.
Lastly, your legal invoice is more than just a bill, it’s a detailed record of the work completed on your behalf, so it’s important that it’s clear and easy to follow. We’re always happy to help with any billing questions you may have!
Emilia Szczepkowski
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 7, 2026
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.[1]
Sections 38(2) and (3) reads as follows:
38(2) Except in cases of libel and slander, if a deceased person committed or is by law liable for a wrong to another in respect of his or her person or to another person’s property, the person wronged may maintain an action against the executor or administrator of the person who committed or is by law liable for the wrong.
(3) An action under this section shall not be brought after the expiration of two years from the death of the deceased.
Unlike the standard limitation period in the Limitations Act, 2002, which covers the vast majority of claims, the limitation period set by s. 38(3) runs whether the potential claim is discovered (or even discoverable) or not. The time for bringing a claim can expire without a potential claimant even knowing it existed in the first place. This makes the Trustee Act’s limitation period particularly strict in its operation, leading to a potentially harsh result for would-be claimants. Once two years from death has elapsed, there is rarely anything to be done for a potential claimant, no matter how strong their case might have been.
That said, there are a few important ways that the two-year limitation period can be “tolled,” or suspended. Three of these are set out in the Limitations Act itself. Others exist at common law.
Provisions Under the Limitations Act that Toll the Limitation Period
Section 19(5) of the Limitations Act lists three specific sections of that Act that can delay the expiry of a limitation period, even limitation periods set in another act (such as the Trustee Act): Sections 6, 7 and 11.
Sections 6 and 7: Incapable Parties
Section 6 of the Limitations Act provides that a limitation period does not run against a minor during any time in which the minor does not have a litigation guardian. Section 7 provides the same for an incapable person during any time in which they are not represented by a litigation guardian. For both sections, the litigation guardian must be appointed “in relation to the claim”, not at large or in some other proceeding. As a result, someone would need to seek the appointment of a litigation guardian to address the particular claim and thereby start the limitation period running. (See section 9, which allows a potential defendant to appoint a litigation guardian for the incapable person or minor with a potential claim.)
Section 11: Settlement Discussions
Section 11 tolls the limitation period in specific circumstances where the parties are attempting settlement:
11 (1) If a person with a claim and a person against whom the claim is made have agreed to have an independent third party resolve the claim or assist them in resolving it, the limitation periods established by sections 4 and 15 do not run from the date the agreement is made until,
(a) the date the claim is resolved;
(b) the date the attempted resolution process is terminated; or
(c) the date a party terminates or withdraws from the agreement.
As this section describes, not any settlement discussion will toll the limitation period. Settlement offers back and forth between parties is not enough. There must be agreement to involve a third party, though there need not necessarily be agreement on the identity of that third party, or on a date or particular process. And in the case of Tribury v. Sandra, the court held that it will otherwise give a generous interpretation to the application of section 11:
In circumstances where there is ambiguity in what the parties agreed to mediate or when one of the parties to the litigation does not immediately consent to participate in the mediation process, the limitation period should still be suspended. Otherwise, plaintiffs will be reluctant to engage in a mediation process for fear that they will be ‘caught out’ in the event they did not set out a comprehensive mediation agreement.[2]
In other words, if there is a broad agreement to mediate all issues involving an estate or arising from a death, one party cannot try to say that the limitation period on some specific issue expired during the time there was agreement to mediate.
Common-Law Doctrines that Toll the Limitation Period
Finally, the Court of Appeal has held that common law doctrines can also toll the limitation period under s. 38(3) of the Trustee Act. Moldaver J.A., speaking for the court in that case, held as follows:
In my view, s. 38(3) was exempted from the new Act so that its common law status would be preserved and it would remain immune from the discoverability rule. In other words, the legislature intended that s. 38(3) should continue to be governed by common law principles.[3]
Fraudulent Concealment
The doctrine of fraudulent concealment is one such principle. Where the existence of a claim has been fraudulently concealed from the potential claimant, the doctrine suspends the running of the limitation period until the potential claimant could reasonably discover the cause of action.[4]
Special Circumstances
Another common-law doctrine is the doctrine of special circumstances, which is available to permit a court to add parties to an existing action, provided the defendant knew of the claim and is not significantly prejudiced. The provision continues to apply to limitation periods that remain in effect outside the Limitations Act, despite the fact that the doctrine was abolished by s. 20 of that Act for cases governed by the limitation periods set out in that Act.[5]
Conclusion
All of these exceptions rely on the existence of specific facts, which won’t apply to most potential claims. While they may be useful tools in your lawyer’s tool belt, by far the easiest way to make sure you are able to advance your claim against an estate is to make sure you consult a lawyer as soon as possible.
Laura Cardiff
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.
[1] Note that the Trustee Act does not apply to all claims you may want to bring against an estate, which may have either longer or significantly shorter limitation periods. For example, the limitation period for a dependant’s support claim is 6 months from the date of probate. The best advice is always to consult a lawyer as soon as you think you may have a claim.
[2] Tribury v. Sandro, 2013 ONSC 658 (CanLII), at para 69
[3] Giroux Estate v. Trillium Health Centre (2005), 2005 CanLII 1488 (ON CA), 74 O.R. (3d) 341, [2005] O.J. No. 226 (C.A.), at para 33.
[4] Ibid at para 34.
[5] Bikur Cholim Jewish Volunteer Services v. Penna Estate, 2009 ONCA 196 (CanLII), at para 51.
Mar 31, 2026
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.
What is an Estate?
An estate is everything a person owned (assets) and owed (liabilities) at the time of their death.
Example: Bob passes away. At the time of his death, he owned a house, a chequing account with $2,000, and a savings account with $40,000. He also owed $6,000 to CRA. All these together form Bob’s “Estate.”
What is an Executor?
An executor (aka an estate trustee) is an individual who manages someone’s estate after they die. There can be more than one estate trustee, and sometimes a trust company can act as the estate trustee instead of an individual. An executor is usually specified in a will or otherwise appointed by court order.
Example: Bob passed away leaving a valid will that that names George as the executor of his Estate. George will be responsible for accessing and closing Bob’s bank accounts, paying the debt to CRA and other liabilities, selling the house, and paying the remaining money to the beneficiaries named in the will, among other responsibilities.
What exactly is “Probate”?
Probate is the term for the process of obtaining a “Certificate of Appointment of Estate Trustee” also commonly referred to as a “probate certificate”.
Example: For Sally and Donna to receive their inheritance following Bob’s death, a process called “probate” must occur. This process usually begins when Sally and Donna give the original will to George. George must then apply for a “probate certificate” by submitting an application to the court along with the original will. This application is called an “Application for a Certificate of Appointment of Estate Trustee,” or a “probate application.”
Once the court reviews George’s application and is satisfied that the will is valid, and that no other wills of Bob’s have been filed with the court, it will issue George a “probate certificate.” With this certificate, George can now begin to manage Bob’s estate. This entire process is known as “probate.”
*It is important to note that there are circumstances where probate is not required. For the purposes of this blog, I will be using an example where probate is required.
Probate Certificate aka “Certificate of Appointment of Estate Trustee”
A “Certificate of Appointment of Estate Trustee,” also known as a “probate certificate,” is a document issued by the court that authorizes a person (the executor) to manage an estate.
Example: George needs to close Bob’s bank accounts. He goes to TD Bank and explains that he is the executor of Bob’s estate and wants to access and close his accounts. Since George isn’t listed as an account holder, the bank has no record of him and asks for proof that he’s authorized to act on Bob’s behalf. George must provide a copy of his probate certificate issued by the court to prove he has authority to close the accounts.
Beneficiaries
A beneficiary is a person(s), charity, or organization who receives a gift (aka an inheritance) from someone’s estate after they die.
Example: Bob’s will names his two children, Sally and Donna, as beneficiaries. According to Bob’s will, each of them will receive $100,000.00 from his estate. George is responsible for making this happen. George will pay Sally and Donna each their $100,000.00 using money from Bob’s estate.
This is just one example of how an individual’s estate may be administered after their death. There are many other situations to consider. For example, if a person dies without leaving a will (dying “intestate”), the process for applying for probate will be different. Or, if a will exists but its validity is challenged by a beneficiary or an interested party, the estate may have to go through legal proceedings (“litigation”). Regardless of the specific circumstances, it is important to understand the basic principles of estates in case you ever find yourself responsible for managing a loved one’s estate.
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.
