
By Marie Kazmer The recent decision in Flowers v. Flowers, 2026 ONSC 3524 provides an important reminder that estate trustees have an…

Two documents get confused constantly in estate planning conversations across the Greater Toronto Area; the Power of Attorney for Property and the Power of Attorney for Personal Care are often treated as one and the same, though they aren’t, really. Each is assigned a distinct job by law. Money, assets, and financial decisions are covered by one; health care and personal wellbeing choices are governed by the other. In many cases, it’s assumed by families that one document covers both, and that assumption gets corrected only after a crisis has already started. The two are often signed together, though entirely separate legal functions are served by each, oddly enough overlapping in almost no practical way once you look closely.

When someone dies without a will in Ontario, the distribution of property that forms part of the estate is governed primarily by the province’s intestacy laws. The result depends on the deceased’s family structure, including whether there is a surviving spouse or children, as well as the nature of the deceased’s assets. A married spouse may be entitled to a preferential share, while children may be entitled to a portion of the remaining estate. A common-law partner does not automatically inherit under Ontario’s intestacy distribution rules, although other legal rights may apply. The person who administers the estate generally must obtain authority through the Ontario Superior Court of Justice. Understanding these rules can help families avoid unexpected outcomes and identify issues that may require legal advice.

A will is not something meant to be written once and forgotten, though it’s treated that way by plenty of people. In many cases, a document drafted a decade ago is, in a way, no longer reflective of a person’s family, assets, or wishes at all. Life changes; marriages happen, children arrive, properties get sold. As it turns out, most estate plans are reviewed only after something has gone wrong, a fact that’s often discovered by families during probate. So the real question isn’t just how often a will should be updated, but what actually triggers the need, bit by bit, over time.

Estate planning errors are found far more often than families tend to expect, and the consequences are usually felt at the worst possible time. A will left unchanged after a second marriage, a power of attorney signed without proper advice, a beneficiary designation that was never filled in; these are the kinds of oversights that quietly build into serious problems. As it turns out, many of these mistakes aren’t made out of carelessness. The process simply wasn’t explained clearly enough, and that gap tends to cost families more than money, though exactly how much more is something that varies, quite a bit, from one situation to the next.

We are proud to have been named finalists in the Boutique Firm of the Year and Contentious Trusts & Estates Team of the Year categories at…

By Marie Kazmer A recent Ontario Superior Court decision offers important guidance for estate and family property disputes involving constructive trust claims…


Tyndall v. Noyes – Interpretation of Life Interests By Marie Kazmer A recent case from the Ontario Superior Court of Justice, Tyndall…

NIKA LAW Is Now Offering Collaborative Law We are excited to announce that NIKA LAW is now offering Collaborative Law! This is…