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Home » Toronto lawyer asks Supreme Court of Canada to overturn controversial wills case
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Toronto lawyer asks Supreme Court of Canada to overturn controversial wills case

By News RoomSeptember 16, 20263 Mins Read
Toronto lawyer asks Supreme Court of Canada to overturn controversial wills case
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Is Your Will Still Valid?

TORONTO, Sept. 16, 2026 (GLOBE NEWSWIRE) — A recent Ontario Court of Appeal ruling has consumers questioning if their will is still valid. The ruling in Anroop v. Naqvi invalidated a will due to a lawyer’s potential conflict of interest. It reversed a lower court’s decision and sparked intense debate among estate lawyers across the country.

Toronto lawyer Kim Gale, who represents a beneficiary under the will, has applied for leave to appeal the case to the Supreme Court of Canada.

“The Court of Appeal’s decision currently stands as a precedent that standard business relationships, such as referrals, may invalidate a will,” said Ms. Gale, founder and principal of Gale Law. “It’s making estate lawyers rethink every referral they’ve ever accepted. Can a referral put you in a conflict of interest that invalidates a will you drafted?”

For additional background on the case:

  • The lawyer who drafted the will had a business referral relationship with a member of one of the beneficiaries family.
  • That lawyer did not charge for their services, hence the suspicion in the courtroom.
  • The Ontario Court of Appeal cited this as further evidence of the drafting lawyer’s divided loyalties.

Ms. Gale’s application to the Supreme Court will seek to have the highest court’s opinion on an issue she believes carries significant weight for the estate planning process.

“A ruling upholding the will could reinforce important safeguards around lawyer conflicts of interest and help protect the deceased’s true intentions,” said Ms. Gale. “The appeal is also an opportunity to strengthen public trust in how wills are prepared and enforced.”

Ms. Gale will continue advocating for her position in the case in the coming months. Her advocacy work includes serving as founder of the NCA Network, a not-for-profit organization that helps reduce barriers to entry for internationally trained lawyers in Canada.

On September 17, 2026, the NCA Network will hold its third annual Career & Networking Summit in Toronto, bringing together internationally trained lawyers with legal professionals, mentors and industry leaders.

“I believe no matter the case, it is important to advocate for the public good and the public interest,” said Ms. Gale. “Whether it means contesting a will or engaging internationally trained lawyers, the goal is the same.”

About Kim Gale

Kim Gale is the founder and principal lawyer of Toronto-based law firm Gale Law, which focuses on estate litigation, elder law, guardianship, capacity matters and estate administration. She is also a trained mediator and holds an LL.M. in Dispute Resolution from Osgoode Hall Law School.

Ms. Gale has been recognized in The Best Lawyers in Canada for her work in Trusts and Estates and was nominated for Canadian Lawyer’s Top 25 Most Influential Lawyers in 2026 and Litigator of the Year at the 2024 Canadian Law Awards. She also served as Chair of the Ontario Bar Association’s Elder Law Section for 2025–2026 and frequently speaks and teaches on estates and elder law issues.

For more information about the 2026 NCA Career and Networking Summit, visit ncanetwork.com

For media inquiries, please contact:
Ava Gottlieb | [email protected]

A photo accompanying this announcement is available at https://www.globenewswire.com/NewsRoom/AttachmentNg/88989c5a-545e-4677-a048-358e6d39fe06

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