WHAT I’M READING: INTERESTING ESTATE ARTICLES FOR APRIL 2026

The following is a round-up of noteworthy articles published this month on estate litigation issues:

1. With the excitement surrounding NASA’s Artemis program, plans for future human presence on the moon, and potential corporate interest in lunar resource extraction, Geoffrey Sculthorpe of Hull & Hull LLP (Ontario) considers issues with private ownership of space resources and how those interests might pass on death. Estate planners may not need to grapple with this just yet – but it may not be far off: https://hullandhull.com/2026/04/who-inherits-the-moon/
2. CBC News reports on Eleanor McCain, heiress and daughter of the late founder of McCain Foods, a multi-billion dollar enterprise. Ms. McCain has commenced litigation, claiming she has been “trapped” in the family company and is unable to sell or otherwise realize value from her inherited shares: https://www.cbc.ca/news/canada/new-brunswick/eleanor-mccain-french-fry-trapped-9.7157765
3. Stan Rule of Sabey Rule LLP (Kelowna) writes about a recent British Columbia Court of Appeal leave decision concerning personal costs awarded against an executor who brought an unsuccessful action in that capacity. The case underscores a sometimes overlooked point: a personal representative acting in their capacity as executor is not a separate legal person from themselves personally: https://rulelaw.blogspot.com/2026/04/is-someone-named-in-lawsuit-as-both.html
4. Suzana Popovic-Montag, also of Hull & Hull LLP, reviews the recent Supreme Court of Canada decision in Riddle v. ivari, examining when court-ordered declarations of death may be set aside by the court where there is reason to believe the person declared deceased  may, in fact, be alive. While the case involves Quebec legislation, a similar statute exists in B.C. (Presumption of Death Act): https://hullandhull.com/2026/04/dead-until-proven-alive-supreme-court-of-canada-clarifies-when-declarations-of-death-can-be-set-aside/
5. For those who prefer to watch rather than read about estate litigation issues, Netflix is currently airing a four-part documentary series on the succession battle that has embroiled the Murdoch Family (of Fox News fame) in recent years. The series is entitled ‘Dynasty: The Murdochs.’

Happy reading (and watching)!

The following is a round-up of noteworthy articles published this month on estate litigation issues:

1. Mark Debono at Hull & Hull LLP (Ontario) outlines key practical considerations for executors and trustees administering estates that include firearms:
   https://hullandhull.com/2026/03/firearms-in-the-house-a-practical-guide-for-estate-trustees/
2. Albert Oosterhoff at WEL Partners (Ontario) discusses the New Brunswick Court of Appeal decision in Lamont v. Estate of Louis Fournier et al., addressing suspicious circumstances, testamentary capacity, and undue influence. The Application for Leave to Appeal to the Supreme Court of Canada was recently dismissed:
   https://welpartners.com/blog/2026/03/testamentary-capacity-suspicious-circumstances-and-undue-influence/
3. Witney Teed and Mia Viana at McLennan Ross (Alberta) examine the use of no-contest clauses in wills (it should be noted that in B.C. these sorts of clauses are generally void as being contrary to public policy) :
   https://www.mross.com/what-we-think/article/take-it-or-leave-it–no-contest-clauses-in-alberta-wills
   
4. Sofia Hector, also of Hull & Hull LLP (Ontario), discusses the obligations of estate trustees when administering estate property with potential environmental risks:
   https://hullandhull.com/2026/03/estate-trustees-and-environmental-due-diligence-what-is-the-standard-of-care/
5. CTV News reports on Stainer v. Thurgood, a decision I recently wrote about, in which the plaintiff seeks to expand the definition of “child” for wills variation claims in British Columbia:
   https://www.ctvnews.ca/vancouver/article/disinherited-and-disavowed-a-bc-woman-is-asking-the-court-to-decide-if-she-was-a-deceased-mans-child/

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation related issues:

1. Ian Hull at Hull & Hull LLP (Ontario) writes about the importance of a sufficient paper trail when advancing a trust claim over land held in a deceased’s name: https://hullandhull.com/2026/02/proving-a-trust-over-land-the-importance-of-a-proper-paper-trail/
2. Jessica Homer at WEL Partners (Ontario) explores predatory romance schemes including where they intersect with estate law:  https://welpartners.com/blog/2026/02/dont-go-breaking-my-heart-or-my-bank-predatory-romance-scams/
3. James Steele at Robertson Stromberg LLP (Saskatchewan) reviews a recent Saskatchewan Court of Appeal decision on the use of non-binding or ‘precatory’ language in wills and the conflicts that can arise within families as a result:  https://www.rslaw.com/2026/01/19/case-comment-hipkins-v-mcdonald-2025-skca-34/
4. Estate Litigation in the News: the Vancouver Sun reported on a recent B.C. Court of Appeal decision overturning a will that left the bulk of a $5 million dollar estate to an executor and her siblings, to the detriment of 14 cousins:  https://vancouversun.com/news/local-news/bc-judge-overturns-will-5-million-estate-will-decision
5. Geoffrey Sculthorpe also at Hull & Hull LLP discusses a recent Ontario Court of Appeal decision on validation of deficient testamentary documents under the Succession Law Reform Act: https://hullandhull.com/2026/02/hejno-v-hejno-2025-onca-876-court-of-appeal-addresses-fresh-evidence-and-the-validation-of-imperfect-wills-under-s-21-1-of-the-slra/

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation and related issues:

1. Kiran Sanghera at Hull & Hull LLP (Ontario) discusses a recent Ontario case in which the contents of the deceased’s journal were validated as a will: https://hullandhull.com/Knowledge/2024/05/finding-a-notebook-to-be-a-will/.   This can be contrasted with the B.C. decision in Hadley Estate (Re) 2017 BCCA 311, where the B.C. Court of Appeal concluded that an entry in a journal did not represent the deliberate and final expression of the deceased’s testamentary intentions.
2. Gillian Fournie at de Vries Litigation LLP (Ontario) discusses the differences between renouncing, removing and passing over: https://devrieslitigation.com/renounce-remove-pass-over-difference/
3. Venessa DeDominicis of Pushor Mitchell Lawyers (Kelowna) writes about the effect of marriage or divorce on a will: https://pushormitchell.com/2024/04/marriage-divorce-and-your-will/
4. Ian M. Hull, also at Hull & Hull LLP, discusses the duty to disclose the transfer of estate assets during estate litigation:  https://hullandhull.com/Knowledge/2024/05/is-there-a-duty-to-disclose-the-transfer-of-estate-assets-during-estate-litigation/
5. Michael McKiernan authored a post on advisor.ca which discusses a B.C. case in which the court refused to compel an unwilling senior to undergo a capacity assessment: https://www.advisor.ca/tax/estate-planning/court-refuses-to-force-capacity-assessment-on-unwilling-senior/

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation and related issues:

1. David Morgan Smith at Hull & Hull LLP (Ontario) writes about restricting testamentary autonomy on public policy grounds: https://hullandhull.com/Knowledge/2024/03/clipping-testamentary-freedom-to-protect-society/
2. Brett Book at WEL Partners (Ontario) discusses the suspension of a lawyer for their conduct in delaying with a vulnerable older client: https://welpartners.com/blog/2024/03/lawyer-suspended-for-questionable-transaction-with-vulnerable-older-adult/
3. Not from March, but the B.C. Law Society recently circulated a reminder that the British Columbia Law Institute has published Undue Influence Recognition and Prevention: A Guide for Legal Practitioners, which can be found here: https://www.bcli.org/publication/undue-influence-recognition-and-prevention-a-guide-for-legal-practitioners/
4. Chigozie Enwereuzo, also at Hull & Hull LLP, discusses the doctrine of donatio mortis causa (“deathbed” gifting): https://hullandhull.com/Knowledge/2024/03/nanas-deathbed-gift-to-you-is-it-valid/
5. Fabiana Araujo M.S. Kennedy, also at WEL Partners, writes about a B.C. case where Air Canada was held liable for negligent misrepresentation arising from a Chatbot’s statements about bereavement fares: https://welpartners.com/blog/2024/03/moffatt-v-air-canada-bereavement-fares-do-your-research/

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation and related issues:

1. Tiansheng Wen at Hull & Hull LLP (Ontario) discusses Aeroplan points and estate planning: https://hullandhull.com/Knowledge/2024/02/aeroplan-points-and-estate-planning/

2. Gabriella Banhara and Oliver O’Brien at WEL Partners (Ontario) write about five notable estate and trust decisions from 2023: https://welpartners.com/blog/2024/02/five-notable-estates-trusts-decisions-of-2023/#_ftn1

3. A post by Onyx Law (Vancouver) discusses issues relating to the recovery of stolen inheritances in B.C.: https://onyxlaw.ca/recovery-of-stolen-inheritance-in-bc/

4. Ian Hull, also at Hull & Hull LLP, discusses how to retract a renunciation as executor: https://hullandhull.com/Knowledge/2024/02/retracting-a-renunciation/

5. Not from this month, but Step Canada published a useful resource for assisting persons in vulnerable situations: STEP: CSR A Guide for Assisting Persons in Vulnerable Situations (fliphtml5.com)

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation and related issues:

1. Ian M. Hull at Hull & Hull LLP (Ontario) discusses why a will cannot be used to save an imperfect gift: https://hullandhull.com/Knowledge/2024/01/can-an-imperfect-inter-vivos-gift-be-saved-by-a-will/
2. Gabriella Banhara at WEL Partners (Ontario) writes about a recent Ontario case which considers delay by the executor in selling the deceased’s home: https://welpartners.com/blog/2024/01/what-constitutes-an-unreasonable-delay-in-the-sale-of-a-deceaseds-home-by-an-estate-trustee/
3. Estate Litigation in the News: The CBC discusses issues relating to powers of attorney: Life can change overnight. 2 families share what people should know about power of attorney | CBC Radio
4. Jonathon Vander Zee at de Vries Litigation LLP (Ontario) discusses the law of abatement that applies when determining how to pay estate debts and liabilities: https://devrieslitigation.com/paying-the-debts-and-liabilities-of-an-estate-and-abatement/
5. Estate Litigation in the News: The CBC also reports on a lawsuit alleging copyright infringement, commenced by the estate of George Carlin against podcasters who used an AI program to impersonate him: https://www.cbc.ca/news/canada/british-columbia/george-carlin-ai-podcast-lawsuit-1.7098925
6. Ian M. Hull also writes about Yukon enacting legislation to allow fiduciaries (including executors) to gain access to the digital assets of a deceased or incapacitated person: https://hullandhull.com/Knowledge/2024/01/yukon-enacts-legislation-giving-fiduciaries-access-to-digital-assets/

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation and related issues:

1. The British Columbia Law Institute published Undue Influence Recognition and Prevention, A Guide for Legal Practitioners:  https://www.bcli.org/publication/undue-influence-recognition-and-prevention-a-guide-for-legal-practitioners/
2. Darien Murray at Hull & Hull LLP (Ontario) writes about a recent Ontario decision on whether a solicitor owes a duty of care to third party beneficiaries: https://hullandhull.com/Knowledge/2023/01/hall-v-bennett-estate-disappointed-beneficiaries/.
3. Chris Cook at de Vries Litigation LLP (Ontario) discusses mirror wills and mutual wills: https://devrieslitigation.com/mirror-and-mutual-wills/?v=m
4. David Morgan Smith at Hull & Hull LLP discusses the duty of an estate trustee to make prudent investments: https://hullandhull.com/Knowledge/2023/01/exercising-discretion-the-duty-of-an-estate-trustee-to-prudently-invest/
5. Onyx Law (Vancouver) writes about the duty of an executor to communicate with beneficiaries: https://onyxlaw.ca/executor-not-communicating-with-beneficiaries/
6. Estate Litigation in the News: CBC News recently published an article on a challenge to a handwritten will leaving a condo to a church: https://www.cbc.ca/news/canada/hamilton/common-law-church-condo-court-1.6725883
7. Estate Litigation and Celebrities:  Priscilla Presley is contesting the validity of Lisa Maria Presley’s will: https://www.bbc.com/news/world-us-canada-64461305

Happy reading!

The following is a round-up of noteworthy articles published this month on estate litigation and related issues:

1. Sara Moledina at Hull & Hull LLP (Ontario) writes about a recent Ontario decision which discusses challenges to the validity of powers of attorney: https://hullandhull.com/Knowledge/2022/12/challenging-a-power-of-attorney-for-lack-of-capacity/
2. Brett Brock at WEL Partners (Toronto) writes about a recent Ontario Court of Appeal decision regarding interpretation of a clause in a will and the application of the “armchair rule”: Revisiting the “Armchair Rule” in Jonas v. Jonas | WEL Partners Blog
3. Onyx Law Group published a useful primer on alter ego trusts: What is an Alter Ego Trust? (2023) | Onyx Law Group
4. James Steele at Robertson Stromberg LLP discusses a recent Saskatchewan case in which the executors of the estate were removed due to extreme delay in administering the estate: Saskatchewan Estate Litigation Update: Nagy v. Graves, 2022 CarswellSask 590, 2022 SKKB 257 | Saskatchewan Estate Law Blog (skestatelaw.ca)
5. Sara Moledina also discusses an interesting case where one of the witnesses to a will (who was an employee of the deceased) later refused to sign an affidavit confirming that she witnessed the deceased’s signature until her complaint regarding severance was resolved:  https://hullandhull.com/Knowledge/2022/12/witness-to-a-will-refuses-to-provide-affidavit-based-on-contentious-severance-pay/
6. Albert Oosterhoff (also at WEL Partners) provides a detailed analysis of a United Kingdom Supreme Court case which discusses proprietary estoppel: Proprietary Estoppel: Guest v Guest | WEL Partners Blog

Happy reading and Happy New Year!