Justin de Vries

Total 51 Posts

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Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues. Email: jdevries@devrieslitigation.com

Most-Read All About Estates Articles of 2025

It is well known that Canada is experiencing one of the most significant intergenerational transfer of wealth.  With that comes growing estate planning complexity, a rise in estate litigation, and intensifying concerns about elder management and abuse.  In 2025, five blogs from All About Estates clearly resonated with professionals grappling with these challenges, drawing thousands of readers seeking thoughtful insight and guidance.  The blogs are reposted below. Separately, All About….

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Estate Litigation, Estate Planning, Executors, Wills

The Importance of Fiduciary Duties

The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1) act in the best interests of the beneficiary, (2) not put their own interests ahead of the beneficiary, and (3)….

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Elder Care, Elder Law, Fiduciary Professions, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee

Fraudulently Concealing a Limitation Period

Lawyers are keenly aware of limitation periods. If a lawyer fails to commence a claim on behalf of a client within the limitation period, they will likely face a professional negligence suit (not good). Whether lawyers like them or not, limitation periods play an important role in the civil justice system. The provide certainty and finality. In Ontario, a plaintiff has two years to start a claim from the date….

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Estate Litigation, Limitation periods, Real Estate

Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust…..

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Contested wills, Cottage, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Joint Tenancy, Property, Real Estate, Resulting Trust, Spouse, Succession Planning, Trustee, Trusts

Unclaimed Bodies and Setting Things Right

Unhappily, it is not uncommon for family members to be at loggerheads as to who controls the body of a loved one and whether the body should be cremated or buried. I previously blogged on the 2018 case Miller v. Miller, a decision by Justice Myers of the ONSC, which dealt with this issue. In summary, the estate trustee has the authority to make funeral and burial arrangements. Nevertheless, fights….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Funeral Planning
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