Tonelli Estate Law

10/08/2026

What if your family didn't know about an important asset you left behind?

One estate seemed relatively straightforward.

The deceased had prepared a Will.

The executor had gathered the bank statements, identified the investments, and located the major assets.

Everything appeared to be in order.

Until someone remembered something.

"Didn't Dad have a safety deposit box?"

Nobody knew for certain.

The executor contacted the bank and discovered that the box still existed.

Inside were share certificates, jewellery, military medals, old family photographs, and something especially important:

The original Will.

What had seemed like a simple estate suddenly required additional work.

Our newest Lessons From Practice article explains:

✔️ why forgotten assets can create problems for executors;

✔️ why safety deposit boxes and important documents should be included in estate planning;

✔️ the importance of knowing where the original Will is stored;

✔️ how keeping an inventory of assets can make estate administration easier; and

✔️ why good organization can spare your family unnecessary stress and expense.

The family had done many things right.

What they lacked was information.

Sometimes estate planning isn't just about deciding who receives your assets.

It's about making sure those assets can actually be found.

Read the full article here:

https://tonellilaw.ca/blog/the-forgotten-safety-deposit-box

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

Lessons From Practice The facts of this story have been altered to protect client confidentiality. One estate appeared to be straightforward. The deceased had prepared a Will. The executor had gathered the bank statements, located the investment accounts, and identified the major asse

10/07/2026

If your name is on a joint account, does that mean the money is yours when the other owner dies?

Not always.

In Sawdon Estate v. Sawdon, a father held a joint investment account with one of his five children.

After the father died, that child was the surviving joint owner.

But the Ontario Court of Appeal found that he wasn't entitled to keep all of the money for himself.

The evidence showed that his father intended him to hold the funds in trust and distribute them equally among all five siblings.

Our newest Case Commentary explains:

✔️ the difference between legal and beneficial ownership;

✔️ why being named on a joint account doesn't always determine who ultimately receives the money;

✔️ how the surviving owner may instead be holding the funds in trust;

✔️ why the deceased's intentions were so important; and

✔️ how clear written instructions can help prevent future disputes.

Sawdon Estate provides an important lesson for anyone considering joint ownership as part of their estate planning.

The paperwork matters.

But so does the intention behind it.

Read the full article here:

https://tonellilaw.ca/blog/case-commentary-sawdon-estate

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

When Trust Intentions Matter When someone adds another person to a bank account or places property into joint ownership, what are they actually trying to accomplish? Do they intend to make a gift? Are they simply making it easier for someone to assist with managing their affairs? Or are

10/06/2026

When should a Will receive greater scrutiny?

Imagine a parent suddenly leaves most of their estate to one child.

Or a close friend unexpectedly becomes the primary beneficiary.

Or a new Will signed shortly before death looks completely different from an earlier one.

These situations may raise questions.

But they do not automatically mean the Will is invalid.

Lawyers refer to certain warning signs surrounding the preparation or signing of a Will as suspicious circumstances.

Our newest article explains:

✔️ what suspicious circumstances actually mean;

✔️ what kinds of situations may cause a Court to look more closely at a Will;

✔️ why beneficiary involvement in preparing a Will can raise concerns;

✔️ how illness, cognitive impairment or dependency may become relevant;

✔️ what evidence can help establish that a Will genuinely reflected someone's wishes; and

✔️ how careful estate planning can reduce the risk of future disputes.

One of the most important principles is simple:

Suspicion is not proof.

People are entitled to make unusual, unequal or unexpected decisions about their estates.

The question is whether those decisions were genuinely their own.

Read the full article here:

https://tonellilaw.ca/blog/suspicious-circumstances

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

Why Some Wills Receive Greater Scrutiny It is not uncommon for family members to be surprised by the contents of a Will. Perhaps one child receives a larger share of the estate. Perhaps a close friend is named as the primary beneficiary. Perhaps the Will differs significantly from an ea

10/01/2026

What happens when following the law produces an unfair result?

Centuries ago, English courts faced exactly that problem.

The common law had become increasingly strict and technical. If someone's claim didn't fit within the established rules, the courts might be unable to help them – even when a genuine injustice had occurred.

People began petitioning the King for help.

Those petitions eventually found their way to the King's Chancellor and, over time, to a new court:

The Court of Chancery.

Our newest Estate Law Through History article looks at:

✔️ why the Court of Chancery developed;

✔️ the limitations of the medieval common law;

✔️ how the idea of equity emerged;

✔️ why fairness became an important counterpart to strict legal rights; and

✔️ how Chancery continues to influence estate law today.

Trusts, fiduciary duties, undue influence, resulting trusts and constructive trusts all have deep connections to this history.

The Court of Chancery disappeared as a separate court more than a century ago.

Its legacy remains all around us.

Read the full article here:

https://tonellilaw.ca/blog/the-court-of-chancery-where-fairness-became-law

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

Estate Law Through History When people think of the courts, they usually imagine judges applying laws exactly as they are written. For much of English legal history, however, that wasn't always enough. Strict legal rules sometimes produced results that were technically correct - but profou

09/30/2026

When does influence become undue influence?

Yesterday, we looked at how the law distinguishes ordinary persuasion from pressure or coercion.

Today, we're looking at one of the Supreme Court of Canada's leading cases on the subject: Geffen v. Goodman Estate.

Mrs. Goodman had inherited property from her mother and later placed that property into a trust.

After her death, the trust was challenged.

The allegation?

Her brothers had exercised undue influence over her.

The Supreme Court ultimately upheld the trust.

Our newest Case Commentary explains:

✔️ why family influence isn't automatically improper;

✔️ when a relationship may give rise to a presumption of undue influence;

✔️ why courts look at whether one person had the ability to dominate another person's will;

✔️ the importance of independent legal advice; and

✔️ why vulnerability alone does not necessarily mean a person's decisions aren't their own.

Geffen provides an important reminder:

The law does not prohibit influence.

It protects against undue influence.

Read the full article here:

https://tonellilaw.ca/blog/case-commentary-geffen-v-goodman-estate

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

09/30/2026

Today marks six months since I opened Tonelli Estate Law.

When I started the firm six months ago, I knew that I wanted to build a practice centred on providing individuals and families with personal, practical and accessible advice about wills, powers of attorney, estate planning and estate administration.

It has been incredibly rewarding to see that vision begin to take shape.

Over these first six months, I’ve had the opportunity to meet and work with so many wonderful clients and families. I’m very grateful for the trust they have placed in me, particularly because estate planning and estate matters often involve some of the most personal and important decisions people will make.

I also want to thank my family, friends, colleagues, referral sources and the many community organizations and businesses that have supported Tonelli Estate Law since the beginning. Every referral, recommendation, introduction and kind word has helped the firm grow.

There is much more ahead, but six months feels like a milestone worth celebrating.

Thank you to everyone who has been part of the journey so far. Here’s to the next six months — and beyond. ⚖️🌳🥂

09/30/2026

Six months of Tonelli Estate Law. ⚖️🌳

It’s hard to believe that six months have already passed since I opened my own firm.

Starting Tonelli Estate Law was something I had thought about for a long time, and these first six months have been an incredibly rewarding experience. I’ve had the privilege of helping individuals and families plan for the future, navigate the loss of loved ones, and find solutions during some very important moments in their lives.

I’m especially grateful to every client who has trusted me with their affairs, as well as the friends, family members, colleagues, referral sources and community organizations who have supported the firm since its beginning.

There is still a great deal I want to build, but today I’m very happy to celebrate this first little milestone.

Thank you for being part of the first six months of Tonelli Estate Law. Here’s to many more. 🥂

09/29/2026

Can a Will be challenged because someone pressured a parent into changing it?

Possibly – but influence and undue influence are not the same thing.

Families influence one another every day.

A child might offer advice. A spouse might express an opinion. A close friend might make a suggestion.

That doesn't necessarily invalidate a Will.

Undue influence occurs when pressure, coercion, or manipulation becomes so significant that the Will no longer reflects the person's own independent wishes.

Our newest article explains:

✔️ what undue influence means;

✔️ the difference between ordinary persuasion and improper pressure;

✔️ what circumstances may raise concerns;

✔️ what evidence may be examined after someone dies;

✔️ why an unfair or unexpected Will isn't enough, by itself, to prove undue influence; and

✔️ how careful estate planning can help reduce the risk of future disputes.

A person is allowed to make an estate plan that their family doesn't like.

The important question is whether that decision was truly their own.

Read the full article here:

https://tonellilaw.ca/blog/undue-influence

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

09/24/2026

Would your children actually want to inherit your business?

One client had spent more than forty years building a successful family business.

When we discussed succession planning, the client confidently assumed that one of their three children would eventually take it over.

But as we talked, a different picture emerged.

One child was a teacher.

Another worked in healthcare.

The third had built a career in information technology.

None of them had worked in the business for years.

And none had expressed any real interest in taking it over.

Our newest Lessons From Practice article looks at:

✔️ why assumptions about family business succession can create problems;

✔️ why business owners should talk to their children about their intentions;

✔️ whether selling the business may sometimes be the better option;

✔️ how succession planning can be coordinated with inheritances for other children; and

✔️ why these conversations should begin long before retirement.

A successful family business can be an incredible legacy.

But your children may not want the same future you imagined for them.

The question isn't simply whether they can inherit the business.

It's whether they want to.

Read the full article here:

https://tonellilaw.ca/blog/the-family-business-nobody-wanted

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available

Lessons From Practice The facts of this story have been altered to protect client confidentiality. One client spent more than forty years building a successful family business. Like many entrepreneurs, they had sacrificed evenings, weekends, and holidays to create something they hoped wo

09/23/2026

When does an unusual Will become suspicious?

An elderly man leaves most of his estate to a much younger friend rather than his family.

After his death, his relatives challenge the Will.

Does the unexpected inheritance mean something improper must have happened?

Not necessarily.

That was one of the issues considered by the Supreme Court of Canada in Vout v. Hay, a leading Canadian case on suspicious circumstances and Will challenges.

Our newest Case Commentary explains:

✔️ what courts mean by "suspicious circumstances";

✔️ what kinds of circumstances can raise concerns about a Will;

✔️ how suspicious circumstances can affect the burden of proof;

✔️ what happens when testamentary capacity is called into question; and

✔️ why the person alleging undue influence must still prove it.

One of the most important lessons from Vout v. Hay is that an unusual Will is not automatically an invalid Will.

Someone may favour one child over another.

They may leave property to a close friend rather than a distant relative.

An unexpected decision, by itself, does not prove wrongdoing.

Read the full article here:

https://tonellilaw.ca/blog/case-commentary-vout-v-hay

⚖️ Tonelli Estate Law
📍 Wills • Estates • Probate • Powers of Attorney
📞 Free consultations available