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Estate Lit Blog

LATEST POSTS

Date of Death: Determining commencement of the limitation period December 30, 2024
Who Handles What? Estate Trustees vs. Lawyers in Managing an Estate December 2, 2024
Succession Law Reform Act: Substantial Compliance November 22, 2024
From Conflict to Consensus: Why Collaborative Law Works for Estate Disputes November 12, 2024
Alberta Court Orders Sale of Lands After 29-Year Estate Dispute October 16, 2024

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Recent Posts

Date of Death: Determining commencement of the limitation period
Who Handles What? Estate Trustees vs. Lawyers in Managing an Estate
Succession Law Reform Act: Substantial Compliance
From Conflict to Consensus: Why Collaborative Law Works for Estate Disputes
Alberta Court Orders Sale of Lands After 29-Year Estate Dispute

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I want to APPOINT A POA OR GUARDIAN
I want to FILE A DEPENDANT SUPPORT CLAIM
I want to RECEIVE MONEY FROM THE DECEASED'S ESTATE

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In a new presentation posted to the Gale Law Estat

In a new presentation posted to the Gale Law Estate Lit blog, I explore the distinct responsibilities of an estate trustee and a lawyer. I outline the lawyer's key obligations which include, among other things:

1. Advising the estate trustee to communicate with beneficiaries or heirs about their potential entitlements;

2. Ensuring the filing of proof of service when applying for a Certificate of Appointment of Estate Trustee; and

3. Determining whether to involve the Children’s Lawyer or the Public Guardian and Trustee.

Meanwhile, the Estate Trustee takes charge of:
- Locating the will
- Applying for a certificate of appointment of estate trustee (with the lawyer’s guidance if necessary); and
- Managing the estate’s assets.

By understanding these complementary roles, Estate Trustees and lawyers can work together effectively to honor the deceased’s wishes and maintain harmony among beneficiaries.

For a deeper dive into the specific duties of each role, check out the full breakdown here: https://loom.ly/l4xO_NU

Earlier this month, I had the wonderful opportunit

Earlier this month, I had the wonderful opportunity to participate in a mock mediation as part of OsgoodePD’s LLM in Dispute Resolution program!

Engaging with students and professors brought back so many fond memories of my time at Osgoode! It reminded me of the close bond I shared with my classmates, especially during our unforgettable grad trip to Newfoundland in 2019. Reflecting on that time reinforces how much Osgoode has shaped my journey, and the experiences I gained there continue to enrich my professional and personal life.

Being an Osgoode alum has provided me with countless rewarding opportunities, from learning alongside talented individuals to sharing my own knowledge with others. I truly enjoy teaching and mentoring, and am open to all teaching opportunities and look forward to connecting with future professionals!

#OsgoodePD #GaleLaw #DisputeResolution #Mediation #Teaching

Last week, Kiran Sanghera, Jessica Campolucci, and

Last week, Kiran Sanghera, Jessica Campolucci, and I had the pleasure of attending an event hosted by The Advocates' Society🎉

It was fantastic to connect with so many of my peers from the estate litigation practice group, including Cassandra Martino, Barry Weintraub, Tsvetomira Niklin, Sandi Dwarka, and Claudio Martellacci, CPA, CA, CBV! I also had the chance to meet plenty of new friends and connect with like-minded professionals, which is always a pleasure!

Networking is truly one of my favorite aspects of working in this field, and it was so rewarding to spend time with such an incredible group of people from the estate litigation community. Looking forward to all the events this coming holiday season!🌟

#GaleLaw #TheAdvocatesSociety #EstateLitigation #Networking

Exciting news: Our NCA Network “Networking Mixer

Exciting news: Our NCA Network “Networking Mixer” is officially sold out!

A huge thank-you to everyone who registered—we’re looking forward to an unforgettable evening! If you missed your chance to register, don’t worry! You can still join the waitlist here: https://lnkd.in/gXE2ejsm for the chance to grab a spot if one becomes available.

Please Note: There has been a Time Change! The event will now take place from 5:30 PM to 7:30 PM on Wednesday, December 4, at The Lodge (251 Queen Street West). Be sure to update your calendars!
🍹 Expect an amazing night with:
🥘 Delicious appetizers and a complimentary drink
🤝 Networking opportunities with leading firms like Gale Law, Fasken, McCarthy Tétrault, Singer Kwinter, and more!

Swipe to see a preview of the amazing mentors attending, ready to share tips on acing the NCA process, landing your ideal job, and building a stellar professional network.

We can’t wait to see you there! 🙌

#NCANetwork #ITL #NetworkingToronto

📢 New Blog Post on the Gale Law Estate Lit Blog

📢 New Blog Post on the Gale Law Estate Lit Blog!

In a new blog, Stephanie Kiran Sanghera and I explore the recent Substantial Compliance update to the Succession Law Reform Act, a significant change that introduces greater flexibility in validating testamentary documents. With this update, courts can now recognize a document as a valid last will and testament even if it does not meet formal execution requirements, provided it clearly reflects the deceased’s final intentions.

In this article, we unpack what substantial compliance means, examine cases where it has been successfully applied, and discuss its implications for lawyers and the broader field of estate law. We also highlight key differences between this update and holographic wills, offering valuable insights into this evolving area of practice.

This is a great read for anyone interested in the latest developments in estate law!

Check out the blog here: https://loom.ly/LcQJ8IE

#EstateLitBlog #GaleLaw #SLRA #SubstantialCompliance #EstateLitigation #LegalUpdates

Last night, Kiran, Jessica, and I had the pleasure

Last night, Kiran, Jessica, and I had the pleasure of attending RBC’s 125 Years of Trust celebration! A special thank-you to RBC for inviting us and making us a part of such a significant milestone!

It was a wonderful evening reconnecting with familiar faces and meeting many new friends as well! The food and drinks were great, and we truly appreciated being part of this memorable night. We deeply value our partnership with RBC and enjoy being involved in such amazing events.

This celebration was a great opportunity for the Gale Law team to expand our network and connect with such talented professionals. Congratulations to RBC on reaching this remarkable milestone! We look forward to many more years of success and collaboration.

#RBC #125years #galelaw #milestone #events #networking

In a new Law360 Canada article, Palak Mahajan and

In a new Law360 Canada article, Palak Mahajan and I discuss the recent Ontario Court of Appeal decision in Ingram v. Kulynych Estate, 2024 ONCA 678.

This case looked at whether claims like unjust enrichment or constructive trust against an estate should follow a 10-year deadline under the Real Property Limitations Act (RPLA) or a shorter 2-year deadline under the Trustee Act.

As we explain, the court ultimately determined that the two-year period should govern such claims, reinforcing the legislative goal of resolving estate matters promptly. This landmark decision highlights the importance of timely action in estate litigation, particularly when pursuing equitable remedies like constructive or resulting trusts.

This article is a must-read for legal practitioners, estate planners, and anyone navigating estate disputes, offering essential insights into limitation periods and their impact on estate claims.

Read it here: https://loom.ly/KbFlEMY

#GaleLaw #OntarioCourtofAppeal #Law360Canada #RPLA #TrusteeAct

📢 Exciting Update on the Gale Law Estate Lit Bl

📢 Exciting Update on the Gale Law Estate Lit Blog!

We’re thrilled to announce that a new presentation on Collaborative Law has just been added to the Gale Law Estate Lit blog!

Collaborative law offers a fresh, cooperative approach to resolving disputes that encourages open communication and preserves relationships—particularly valuable in estate matters.

In this presentation, we cover:
- An overview of what collaborative law entails and its core principles
- Ways in which collaborative law can be applied to estate disputes
- The role of courts in facilitating and supporting this process for a smoother resolution
- And much more!

Through these monthly presentations, Gale Law aims to make key legal concepts accessible to everyone. Each month, a new presentation will be added to spotlight areas of estates, elder law, and capacity to help educate the public on important legal matters.

If you’re interested in staying informed about the latest trends and tools in estate litigation, be sure to follow along—there’s so much more to come!

Check out the presentation here: https://loom.ly/mtTTkXw

One year ago today, Gale Law celebrated a huge mil

One year ago today, Gale Law celebrated a huge milestone with a win at the Court of Appeal! In Doherty v. Doherty, 2023 ONSC 1536, we tackled the tricky area of inter vivas gifts—those given during someone’s lifetime.

This decision was an important one, not just for our client but for the legal landscape in Ontario, as it brought clarity and upheld key principles around how gifts are to be given and received.

Looking back on this day, I’m filled with such pride and gratitude for the Gale Law team. The passion and perseverance they bring to each task-whether big or small is truly inspiring. Cheers to more milestones and making a difference!

Read about the decision here: https://loom.ly/kzoGYkU.

#GaleLaw #CourtofAppeal #DohertyvDoherty #Success #TeamWork

Honoring Remembrance Day, we at Gale Law pause to

Honoring Remembrance Day, we at Gale Law pause to reflect on the courage and sacrifices made by those who served. Lest we forget.

🌟 November is Make a Will Month! 🌟 Did you

🌟 November is Make a Will Month! 🌟

Did you know that 52% of Canadians don’t have a will? This statistic means that over half of Canadian adults are at risk of leaving their loved ones with complicated and stressful situations in the event of their passing. Without a will, your estate—the money, property, and assets you leave behind—may be distributed according to provincial laws rather than your personal wishes. This can lead to unintended consequences, such as disputes among family members, or financial hardship for loved ones.

Creating or updating a will is a crucial step to ensure that your wishes are clearly documented and your loved ones are protected. At Gale Law, we understand that estate planning can feel overwhelming, which is why our Estate Issues section provides practical and straightforward resources. From understanding why having a will is essential to learning how to navigate the process of challenging one, we’re here to guide you every step of the way.

This November, take action and secure peace of mind for you and your family.

Explore our Estate Issues section here: https://loom.ly/fIpOHMc

#MakeAWIllMonth #EstatePlanning #WillsAndTrusts #PlanAhead #GaleLaw

In our new Law360 Canada article, Kiran Sanghera a

In our new Law360 Canada article, Kiran Sanghera and I explore the new Substantial Compliance update to the Succession Law Reform Act, which offers greater flexibility in validating testamentary documents.

With this update, courts can now recognize a document as a valid last will and testament even if it does not meet formal execution requirements, provided it clearly reflects the deceased’s final intentions.

We explain what substantial compliance entails, discuss real cases where it’s been successfully applied, highlight how it differs from holographic wills, and its potential implications for lawyers and estate law more generally.

This article is a must-read for staying informed about the latest in estate law developments!

Check it out here: https://loom.ly/UOjUFc0

There are only 4 days left to score your early bir

There are only 4 days left to score your early bird ticket for NCA Network’s "Networking Mixer" on December 4 starting at 6 pm at The Lodge!

Don't miss the opportunity to meet other ITLs for an evening of fun, networking, and career inspiration! Included is a complimentary drink, a delicious spread of appetizers, and the chance to chat with some of the GTA’s biggest law firms. We’re talking about experts from Gale Law, Fasken, McCarthy Tétrault, Singer Kwinter and more!

Whether you’re looking for tips on navigating the NCA process, advice on landing that dream job, or insights on expanding your professional network, this event has you covered. Don’t miss out—prices increase to $20 on November 8, and tickets are flying fast!

Secure your spot today and make the most of this amazing opportunity! Register now by clicking here: https://loom.ly/V-vJzAA

We can't wait to see you there!

I am beyond excited to share some incredible news:

I am beyond excited to share some incredible news: The Gale Law team has been recognized in the 2025 edition of Best Lawyers for our work in trusts and estates!

Being acknowledged alongside so many talented firms and industry peers is a true honor. It inspires us to continue pushing the boundaries of excellence and innovation in the legal profession. Our focus has always been on providing personalized and strategic solutions for our clients, and this acknowledgment highlights the impact of our hard work and dedication!

A huge congratulations to everyone who made the Best Lawyers list this year! We are grateful to be surrounded by so many exceptional professionals and look forward to continuing our work with all of you. Cheers to continuing to achieve great things together!

#GaleLaw #BestLawyers #BestLawFirms #TrustsandEstates #Thankful

The Gale Law Team wishes you a Happy Diwali! May t

The Gale Law Team wishes you a Happy Diwali! May this festival of lights bring prosperity, happiness and success to all!

#GaleLaw #HappyDiwali

🌟Ontario Bar Association Elder Law Section Webi

🌟Ontario Bar Association Elder Law Section Webinar – Empower Your Practice for Elderly Clients! 🌟

Save the date: Wednesday, November 6, from 12:00 pm to 2:00pm for this must-attend webinar, packed with expert guidance on advocating for elderly clients in litigation!

Join the OBA's Elder Law Section Program Chair, Jonah Waxman (WeirFoulds LLP) and speakers Lidia Mariam Benoji (Elm Law), Daniel Fisher (Howie, Sacks & Henry LLP - Personal Injury Lawyers), Trevor Moum (JD, TEP) (Pallett Valo LLP) and Stuart Rudner to discuss tips on:

- Guardianship Applications
- Requisite Settlement Approvals
- Critical Capacity Issues

With 2 hours of substantive content, this program is perfect for litigators looking to stay ahead in elder law and advocate effectively for their clients. Don’t miss out—register now: https://lnkd.in/dgzdZANu!

This past year has been incredible, and my mediati

This past year has been incredible, and my mediation practice is growing in exciting ways! Helping people reach fair resolutions through mediation has become one of the most fulfilling parts of my work and I am so thrilled to be taking on new files and working with more clients! I want to extend a heartfelt thank you to everyone who has referred clients my way and supported me on this journey so far!

Choosing mediation can be a powerful alternative to traditional litigation, especially for estate matters, where relationships and confidentiality are so important! Estate mediation offers a unique set of benefits, and here’s why it’s often a great choice:

- Cost-Efficient: Mediation can save clients significantly compared to going to court.
- Confidential: Parties can resolve their matter privately, and out of court.
- Increased Control: Mediation lets both parties play an active role in shaping the outcome.
- Faster Resolution: Without the drawn-out court process, agreements can be reached much faster.

If you’re considering mediation to resolve an estate issue, I’d love to connect and discuss how we can work together toward a fair solution. Feel free to reach out to me at info@galelaw.ca for more information or a free quote. I’m truly excited to keep building this practice and to support even more clients on this path.

Visit our website here: https://lnkd.in/g4qQuFvz to learn more about mediation and if it's the right choice for you!

#GaleLaw #Mediation #GaleMediation #WillsandEstates #TorontoEstateLitigation

Calling all ITLs! Whether you’re looking to expa

Calling all ITLs! Whether you’re looking to expand your professional network, gain insight into the GTA legal market, or simply connect with fellow ITLs, the NCA Network's "Networking Mixer" is the event for you! Mix, mingle, and chat with top legal professionals from McCarthy Tétrault, Fasken, Gale Law, and more!

📅 Date: Wednesday, December 4th
⏰ Time: 6 - 9:30 pm
📍 Location: The Lodge on Queen (251 Queen St. W)

But act fast—grab your early bird ticket for just $15 until they increase to $20 on November 8!

Your ticket includes:
✨ Cover
🍴 Appetizers
🍹 1 complimentary drink

Don't miss out on this perfect opportunity to connect, network, and have some fun!

Purchase your ticket today by clicking HERE: https://loom.ly/V-vJzAA

#NCANetwork #Networkingevents #NetworkingToronto #GaleLaw #ITL

This week's #TeachingTuesday is all about Dependan

This week's #TeachingTuesday is all about Dependant Support Claims!

When someone passes away without leaving adequate financial support for their dependants, such dependants can make a claim against the deceased's estate.

So, who exactly is considered a “dependant”? It could be a spouse, parent, child, or even a sibling. Interestingly, the law has a broader view of “spouse” than many realize. It doesn’t just apply to someone legally married to the deceased. It also includes a common-law partner, provided that:
1. The couple lived together for at least 3 years, or
2. They were in a relationship of some permanence where they shared a child.

But being considered a dependant is just one part of the equation. To successfully claim financial support, there are specific legal criteria that need to be met. To successfully file a claim, the dependant must show one of the following:
a) The deceased was providing financial support to them immediately before death, or
b) The deceased had a legal obligation to support them at the time of death.

It's also important to note that you have 6 months from the issuance of the Certificate of Appointment (probate) to file a claim. Missing that deadline could mean losing the chance to secure the support you need.

Have more questions about dependant support claims? Read more on the 'Estate Issues' section of the Gale Law website here: https://loom.ly/XQuzCfA

#Estatelitigation #TeachingTuesday #DependantsRights #LegalInsights #GaleLaw

Last week, the Gale Law team had a fantastic time

Last week, the Gale Law team had a fantastic time attending the Ontario Bar Association's Award of Excellence in Trusts and Estates Law dinner in honor of the brilliant Kimberly Whaley of @whaleyestatelitigation!

It was such a privilege to be surrounded by so many leaders in the field and to witness an exemplary and deserving candidate accept this prestigious award. The event was beautifully put together, from the purple décor to the purple 'Kimtinis', it was such a memorable night!

Congratulations to the fellow honorees for their incredible work and contributions! It's such a privilege to be apart of this Bar!

#OBA #AwardofExcellence #GaleLaw #Congratulations #TrustsandEstates

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Gale Law Professional Corporation @galelawto ·

6 Jan

On Friday, the Gale Law Team kicked off the new year with a relaxing spa day at Her Majesty’s Pleasure in Yorkville! It was the perfect chance to catch up after a busy holiday season, and share our New Year's resolutions!

#GaleLaw #TeamGoals #SpaDay

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Gale Law Professional Corporation @galelawto ·

3 Jan

Attention ITL Community!

There are only 10 days left to submit your application to volunteer with NCA Network in 2025!

Don’t miss your chance to be part of something big. Apply now using this link: https://loom.ly/JIqcn00

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