Estate Trustee vs. Trustee of a Trust in Ontario: What’s the Difference?

In Ontario, the roles of an estate trustee and a trustee of a trust are often confused. While the same individual may hold both roles, they are legally distinct offices, governed by different statutes, with different duties, timelines, and risks of personal liability. This distinction frequently becomes critical in estate administration disputes, trust litigation, and beneficiary claims—particularly in the Greater Toronto Area, where estates often involve complex assets, real estate, and ongoing trusts. What Is an Estate Trustee in Ontario? An estate trustee—also commonly referred to as an executor, estate representative, personal representative, or estate…

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Undue Influence in Will Challenges in Ontario: A High Legal Threshold

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is frequently alleged in Ontario will challenges, particularly where a will benefits one family member disproportionately or is made late in life. However, the legal test for undue influence in the context of a will is significantly stricter than in lifetime (inter vivos) transactions. Ontario courts have repeatedly emphasized that there is no presumption of undue influence in wills, and the burden of proof remains squarely on the party attacking the…

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Undue Influence in Estate and Real Estate Transactions in Ontario

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is one of the most common—and most misunderstood—grounds for challenging lifetime gifts and real estate transfers in Ontario estate litigation. It frequently arises where property is transferred shortly before death, particularly within families or caregiving relationships. Ontario courts have made clear that a transfer does not need to be overtly fraudulent or unfair to be set aside. In many cases, the law presumes undue influence based solely on the…

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Am I Entitled to Spousal Support If We Were Never Married?

This is one of the most common — and misunderstood — family law questions in Ontario. Yes, you may be entitled to spousal support even if you were never married. Marriage is not required. What matters is whether your relationship meets Ontario’s legal definition of a “spouse” for spousal support purposes. Below is how Ontario law actually works. Spousal Support Is Not Limited to Married Couples In Ontario, spousal support obligations extend beyond married couples. The law recognizes that financial dependence and economic unfairness…

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