Wills, Trusts & Estates

  • May 27, 2025

    Throne speech states Carney government’s ‘core mission is to build the strongest economy in the G7’

    Delivering Canada’s speech from the throne for the first time, King Charles III outlined the Carney Liberal government’s plans to make Canada’s economy the most robust in the G7, including by driving the country’s emergence as an energy superpower and by removing internal trade barriers and other roadblocks to creating big national projects and large-scale affordable housing.

  • May 26, 2025

    Lawson Lundell adds two associates to estate and wealth advisory group

    Lawson Lundell LLP has announced the addition of Alexander M. Lee and Max S.J. Shilleto as associates in its estate and wealth advisory group.

  • May 27, 2025

    Estate administration: Conflict of interest

    In Virdi Estate (Re), 2025 BCSC 689, the Supreme Court of British Columbia recently considered a contentious dispute between siblings over who should administer their late father’s estate. This case serves as a useful illustration of how and when a court may utilize its discretion to pass over a named executor due to a conflict of interest, and clarifies the legal framework guiding such decisions.

  • May 23, 2025

    Clicking beyond death: Who gets your digital life after you’re gone?

    In Jamaica, where I’m from, there’s often a mix of amusement and uneasy reverence when people discuss what to do with a person’s “belongings” when their “number has been called”: dead leff. Now, here’s the modern twist: what happens when your dead leff isn’t just a house or jewellery, but an entire digital life?

  • May 22, 2025

    Testamentary capacity: Principles and practice

    In the majority of cases, determining whether a prospective client has testamentary capacity is not as simple as discerning between midnight and noon; rather, it is like determining the precise moment at which twilight turns to dark. This article considers some of the issues on point.

  • May 21, 2025

    Drafting a will for an Indigenous client who lives on a reserve

    Any time a lawyer undertakes to prepare a client’s will, it is imperative to obtain salient information about the client and their estate. The information required to prepare an effective will is often more complex and nuanced than simply obtaining a list of the client’s assets and confirming how they are to be distributed.

  • May 16, 2025

    Federal Court extends deadlines for immigration JRs due to surging cases, inadequate gov’t funding

    Contending with far too many immigration cases for its tight budget, the Federal Court this week extended by 45 days its regulation 30-day deadlines for litigants to perfect their applications for leave and judicial review of immigration decisions (ALJRs). Why?  Because the registry’s beleaguered staff simply can’t keep up, and now often needs weeks rather than days to intake and process the ALJRs — which have more than quadrupled the average volume the court experienced over the five years immediately preceding the 2020 COVID-19 pandemic.

  • May 14, 2025

    Which laws govern: An interprovincial perspective

    Do you have assets, prospective beneficiaries or other connections to foreign countries? Then you have cross-border or multijurisdictional considerations in your estate planning or administration.

  • May 14, 2025

    Quebec Superior Court orders amendments to Civil Code to recognize multi-parent families

    In a landmark decision that redefines the legal framework for parenthood in Quebec, Superior Court has given the provincial government 12 months to amend the Civil Code to introduce a new system of filiation that would make it possible to legally recognize more than two parents for the same child.

  • May 14, 2025

    EXECUTORS AND ADMINISTRATORS - Removal and suspension

    Appeal by appellants from an order refusing appellants’ leave to proceed with an action and dismissing application to remove Catherine as executrix of deceased’s estate.