LOLG Successful in Application to Interpret Wills
Overview
On November 28, 2025, the Ontario Superior Court of Justice released its decision in Marder v. Geller, 2025 ONSC 6611. The case concerned the interpretation and attempted rectification of two wills in circumstances where the issue was whether common shares that were distributed to the testator during her lifetime from a family trust established as part of an estate freeze were assets that the testator “inherited” from her parents. Justice Dietrich held that neither the value of the disputed shares nor the shares themselves, formed part of the testator’s inheritance from her parents, which was the position advanced by LOLG on behalf of its client. Justice Dietrich also dismissed an attempt by the unsuccessful respondents to rectify the wills to include the disputes shares as part of the “inheritance”.
The case serves as a useful precedent for the interpretation and rectification of wills, and includes a thorough analysis of the circumstances where the drafting solicitor’s file and oral evidence will be admitted into the record of a disputed interpretation of a will.
Andrew Winton and Anne Posno were counsel for the successful beneficiary. The decision can be found here.
People
-
A highly persuasive advocate, Andrew provides practical and strategic guidance to help clients achieve the best possible results.
-
Anne is a force in court. She brings passion and insight to each case. Anne is a leading lawyer in the estates bar.
Expertise
News & Insights
-
LOLG Obtains Mareva Order in Family Law Case Freezing Assets up to $20 million
Successfully obtained a Mareva order freezing up to $20 million in assets in a family law case.
-
Nadia Campion, Chair of the Class Proceedings Committee
Nadia Campion has been appointed as the Chair of the Class Proceedings Committee.
-
Lexpert’s Leading 500 Cross-Border Lawyers 2026
Jonathan Lisus, Matthew Gottlieb, Crawford Smith, Nadia Campion and Rahool Agarwal are once again recognized in the 2026 Lexpert 500 guide.