Canada: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Why Incapacity Planning Matters In Alberta

When an adult becomes incapacitated without proper planning documents in place, families face urgent court applications for guardianship and trusteeship during already overwhelming crises. Understanding Alberta's legal framework for adult guardianship and trusteeship reveals why advance planning through personal directives and enduring powers of attorney is essential to spare loved ones from navigating complex court processes during medical emergencies.

MT

Miller Thomson LLP

Pourquoi la planification d’inaptitude est-elle importante en Alberta?

Planifier pour l'avenir ne se résume pas à la rédaction d'un testament. De nombreux Canadiens négligent ce qui pourrait arriver s'ils venaient à souffrir d'inaptitude cognitive ou fonctionnelle.

MT

Miller Thomson LLP

Death Of A Private Company Shareholder: A Practical Guide For Investment Advisers

When a shareholder of a private corporation dies, investment advisers are often among the first professionals families turn to. Understanding the key concepts of dealing with an estate which owns...

Canada Commercial

MT

Miller Thomson LLP

How A Henson Trust Can Protect ODSP Benefits For A Loved One With A Disability

When a loved one lives with a disability, estate planning involves much more than dividing assets. It focuses on ensuring long‑term financial security while preserving access to crucial government benefits.

MT

Miller Thomson LLP

Décès d'un actionnaire d'une société privée : Guide pratique à l'intention des conseillers en placement

Canada Commercial

MT

Miller Thomson LLP

Comment une fiducie Henson peut protéger les prestations du POSPH d'un proche handicapé

MT

Miller Thomson LLP

When Your Children Live In The U.S.: Estate Challenges

OE

O'Sullivan Estate Lawyers LLP

What Happens If A Beneficiary Dies Before Receiving An Inheritance In BC? (Lewis v. Jack Explained)

WG

Watson Goepel LLP

Estates And Limitation Periods

CM

Casey & Moss LLP

Noël c. Birk : comment la fiscalité influence le partage d'un FERR

MT

Miller Thomson LLP

Noël C. Birk: How Tax Rules Shape The Division Of An RRIF

MT

Miller Thomson LLP

Hidden Coins In The Home: Residue Of The Estate Or Household Contents?

CW

Clark Wilson LLP

A Simple Guide To Estates, Executors, And Probate

CM

Casey & Moss LLP

When An Executor Cannot Be Neutral: Identifying Disabling Conflicts Of Interest For Executors

MT

Miller Thomson LLP

How The Canadian Foreign Accrual Property Income (FAPI) Regime Works—and Why It Matters To Foreign Corporations, Foreign Trusts

RS

Rotfleisch & Samulovitch P.C.

The Federal Government And Musqueam Nation Sign Historic Agreements Recognizing Aboriginal Land Title | CityNews Interview With Anita Boscariol (Video)

Canada Government

WG

Watson Goepel LLP

Why Canada’s Workforce Math Doesn’t Work Without Immigration

Canada Immigration

Moving2Canada

A Degree In Deception: Alberta Court Upholds Termination For Cause

Canada Employment

C

Cassels

Update On The Capital Gains Exemption And Qualified Small Business Corporation Shares

OE

O'Sullivan Estate Lawyers LLP

Client Entering A Second Marriage? Lawyer Says Be Careful

Second marriages are complicated, emotionally, legally, and financially. When they involve two people with children from prior relationships, large differences in net worth, and unclear expectations around contingencies...

RA

Robins Appleby LLP

Estate Essentials: Do You Need A Will?

A common question we receive as estate lawyers is whether it is necessary to make a Will. What’s the big deal about dying without one?

WL

WeirFoulds LLP

Court Of Appeal Summaries (March 9-13, 2026)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 9, 2026.

Canada Litigation

BM

Blaney McMurtry LLP

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.

CM

Casey & Moss LLP

Can An Estate Be Settled Before Someone Dies? Ontario's Rules For POAs And Guardians

DS

Devry Smith Frank LLP

Considerations For First Nations On Wills And Estates Planning

MA

MLT Aikins LLP

Understanding Probate In British Columbia: What You Need To Know

WG

Watson Goepel LLP

Tax Strategy With Matthew Getzler On The Unlimited Podcast

TM

Torkin Manes LLP

Dad Added Me To His Bank Account - Do I Get The Money When He Dies?

OE

O'Sullivan Estate Lawyers LLP

LAT Success On Catastrophic Impairment And A Helpful Criterion 8 Analysis

MO

McLeish Orlando LLP

Court Of Appeal Summaries (February 23 – 27, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

When There's No Will, There Still Could Be A Way: Re: Boisvert Estate, 2026 BCSC 195

CW

Clark Wilson LLP

Incoming Amendments To Trust Reporting Requirements

SW

Soloway Wright

Amy A. Mortimore, K.C. And Mark S. Weintraub, K.C. Published In BarTalk

CW

Clark Wilson LLP

Court Of Appeal Summaries (February 23 – 27, 2026)

In Lalli v Lalli, the Court allowed an appeal from the trial judge's dismissal of a resulting trust claim. The dissent would have dismissed the appeal.

Canada Litigation

BM

Blaney McMurtry LLP

When There's No Will, There Still Could Be A Way: Re: Boisvert Estate, 2026 BCSC 195

More than a decade after the Wills, Estates and Succession Act came into force, courts in British Columbia are still interpreting some provisions for the very first time.

CW

Clark Wilson LLP

Incoming Amendments To Trust Reporting Requirements

Proposed legislation to update trust reporting requirements under the Income Tax Act (the "ITA") was released in August 2024 and amended in August 2025. While these amendments are not yet enacted, on November 18, 2025...

SW

Soloway Wright

Amy A. Mortimore, K.C. And Mark S. Weintraub, K.C. Published In BarTalk

Clark Wilson partners Amy Mortimore, K.C., and Mark Weintraub, K.C., have published an article in BarTalk examining the doctrine of fraudulent calumny in estates litigation.

CW

Clark Wilson LLP

When A Will Is Set Aside: Key Lessons From Kroeger v. Bush Estate (2026 BCCA 16)

WG

Watson Goepel LLP

Clarification On Joint Wills

Joint wills are not a common estate planning tool seen in British Columbia.

CW

Clark Wilson LLP

Lessons From Kroeger v. Bush Estate – Suspicious Circumstances And Knowledge And Approval

In British Columbia, a will may be proved as valid if (1) it was executed in accordance with the formal requirements set out in the Wills, Estates and Succession Act, SBC 2009, c 13 ("WESA"); and (2) it is substantively valid, meaning that the will-maker had testamentary capacity, knew and approved the contents, and was not subject to undue influence.

CW

Clark Wilson LLP

Wills And Estates 101: Keeping Your Legal Terms Straight - Part 2

Back in 2023, my colleague, Marly Peikes, wrote a blog demystifying some common legal terms used in Ontario estate and trust planning.

OE

O'Sullivan Estate Lawyers LLP

A Wills And Estates Lesson From Downton Abbey

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.

CM

Casey & Moss LLP

From Execution To Distribution: Lessons From The BC Court Of Appeal On Will Validity And Vesting

CO

Cozen O'Connor

Que faut-il pour exprimer une intention testamentaire ferme et définitive? Leçons tirées de l'affaire Paige v Noel, 2025 BCCA 358 (« Paige »)

MT

Miller Thomson LLP

Is There Such A Thing As TMI? What, With Whom, And When Should A Trustee Share Information?

GR

Gardiner Roberts LLP

Proactive Ways To Assist Your Family With Estate Matters

CM

Casey & Moss LLP

The Weight Of Words: Oral Agreements In Estate Planning

CW

Clark Wilson LLP

What Is Required To Express A Fixed And Final Testamentary Intention? Lessons From Paige v Noel, 2025 BCCA 358

MT

Miller Thomson LLP

Powers Of Appointment: How They Work And Their Benefits

OE

O'Sullivan Estate Lawyers LLP

U.S. Estate Tax Planning For Canadians Under The One Big Beautiful Bill Act

A

Altro LLP

Managing A Loved One's Estate? Understanding The Role Of A Personal Representative

MR

McLennan Ross LLP

Family Property Disputes In Canada: Why Process Selection Matters

CO

Cozen O'Connor

3 Good Housekeeping Tips For Your Will And Supporting Documents

OE

O'Sullivan Estate Lawyers LLP

How To Reduce Double Taxation On An Estate Through The Loss Carryback Strategy: Intelligence From A Canadian Tax Lawyer

RS

Rotfleisch & Samulovitch P.C.

When Is Probate Required In Ontario? (Video)

DS

Devry Smith Frank LLP

Avertissement aux entreprises familiales à actionnariat restreint : leçons essentielles pour les propriétaires et les actionnaires

Canada Commercial

MT

Miller Thomson LLP

The Power Of Two: Dual Wills In BC

AH

Alexander Holburn Beaudin + Lang LLP

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Latest Videos

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How New Assets Are Handled In Your Will (Video)

DS

Devry Smith Frank LLP

BTC Series: What Does Estate Planning Really Mean? (Video)

WG

Watson Goepel LLP

Estate Planning: The Differences Between A Will, Enduring Power Of Attorney, And Personal Directive (Video)

PM

Parlee McLaws

Cautionary Tales In Estate Litigation In BC: What Every Family Should Know Before It's Too Late (Video)

FH

FH&P Lawyers

Hot Topics In Estate Planning (Video)

TM

Torkin Manes LLP

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