The traditional rule in Ontario is that one cannot challenge a will while the testator is still alive. However, in recent years, there have been some cases in which judges have expressed a willingness to adjudicate upon the validity of a will prior to the testator’s death. These cases might be mere anomalies or they might be signs that the general rule is weakening.Read More
Under the common law and Ontario statutes and regulations, the attorney for property is a fiduciary who must act in the best interests of the person whose assets the Power of Attorney/Guardian of Property has charge. There is an absolute strict duty to keep accounts of all transactions involving the property of the grantor of the Power of attorney. Breach of these duties may result in removal or sanction.