Estate Planning

Yes, a will can be set aside in Canada if the testator was subjected to undue influence — meaning pressure so severe it overbore their free will — especially by a family member in a position of trust or authority.

Yes, your spouse and children in British Columbia can challenge your will under the Wills, Estates and Succession Act if it does not make 'adequate provision' for their proper maintenance and support.

In Canada, a testator has a moral obligation to make 'adequate, just and equitable' provision for their spouse and children — a duty recognized by courts even where wills comply formally with the law.

No — in most Canadian provinces, a spouse cannot be entirely disinherited because courts can vary a will to ensure 'adequate, just and equitable' provision under dependant support laws.

In Canada, a presumption of undue influence arises in family transactions where one party holds a position of trust or dominance over the other and benefits from the transaction — shifting the burden to the dominant party to prove the transaction was fair and freely entered into.

Yes, a trustee may use trust capital to support beneficiaries — but only if the trust deed or will explicitly permits it, or if a court approves the encroachment.

Yes, a trust company in Canada must keep estate assets separate from its own business assets when acting in a fiduciary capacity.

A trust company in Canada owes a fiduciary duty of care when managing estate assets, requiring it to act with the care, skill, diligence, and judgment of a reasonably prudent trustee—and to keep estate assets strictly separate from its own.

A trust company in Canada must invest estate funds strictly according to the terms of the trust instrument and applicable law, as required by the Trust and Loan Companies Act.

Yes, Canadian courts can vary trust terms when circumstances change significantly, but only under limited statutory authority or through the doctrine of cy-près — not simply because it seems fair or convenient.

Yes, a beneficiary can challenge a trustee's investment decisions if the trustee failed to meet the legal standard of care or violated the trust terms.

Transferring property to a trust during your lifetime in Canada generally triggers a deemed disposition at fair market value, potentially resulting in immediate capital gains tax — unless specific exceptions apply.

Yes, independent legal advice is strongly recommended—and often essential—when transferring property to a family member in Canada to protect against claims of undue influence or lack of capacity.

In Canada, a gratuitous transfer of property to a child is presumed to be held in trust (a resulting trust) unless the transferor clearly intended it as a gift.

In Canada, when property is transferred gratuitously (without payment) into another person’s name, the law presumes a resulting trust — meaning the recipient holds the property in trust for the original owner, unless proven otherwise.

In Canada, you generally cannot create a trust solely to shield assets from existing creditors — courts may set it aside as a fraudulent conveyance. Only certain properly structured trusts (e.g., discretionary family trusts with independent trustees) may offer limited protection, but not against claims that arose before the trust was created.

If someone dies without a will in Canada, their estate is distributed according to provincial intestacy laws — not federal law — and a court appoints an administrator to manage the estate.

Yes, if the will names you as executor, you can generally be appointed — unless you're disqualified (e.g., a minor, incapable, or non-resident without a resident co-executor in some provinces).

No, a province cannot impose succession duties on property located outside its borders. The Supreme Court of Canada held in Covert v. Minister of Finance of Nova Scotia that such a tax violates the constitutional division of powers.

No, Canada has no federal estate or inheritance tax. Instead, the deceased’s final income tax return triggers a 'deemed disposition' of capital property, and provinces may impose probate fees (not taxes) on estate assets.

Life insurance proceeds in Canada are generally not part of the estate if a valid beneficiary is named — they pass directly to the beneficiary by contract, bypassing probate and estate debts.

Yes, you may be able to claim a promised inheritance not included in the will if you can prove proprietary estoppel — that someone promised you property, you reasonably relied on that promise to your detriment, and it would be unfair for them to go back on it.

Proprietary estoppel is a legal doctrine that prevents someone from going back on a promise about property or inheritance when another person has reasonably relied on that promise to their detriment. In Canada, it can protect heirs who acted in reliance on assurances of future inheritance—even without a formal will or contract.

Yes, you can sue a lawyer or notary in Canada for professional negligence if they prepare your will incorrectly and cause financial harm — but you must prove they fell below the standard of care expected of legal professionals.

In Canada, a notary or lawyer preparing a will must meet the standard of care expected of a reasonably competent professional in that field — not perfection, but diligence, knowledge, and attention appropriate to the task.