Executors

Total 345 Posts

The “Surprise” Asset – What to Do When You Discover Estate Assets After Probate

Even with careful record-gathering at the beginning of an estate administration, it is not uncommon for an estate trustee to later discover an additional asset. The estate trustee may think they have prepared a complete list of all the assets owned by the deceased as of the date of death. Then, after the Certificate of Appointment of Estate Trustee (probate grant) (the “Estate Certificate”) is issued, something else turns up…..

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Estate Administration, Estate Administration and Probate Applications, Executors, Probate Tax, Tax Issues, Trustee

Key Findings Relating to the Exercise of Trustee Discretion

A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized

A Novel Approach to Locating Missing Heirs

Much has been written on All About Estates about “missing” elements in an estate administration – missing assets, missing heirs, and even missing estate trustees. In the case of missing heirs, the executors have an obligation to take reasonable steps to locate the beneficiaries of the estate. Executors cannot simply distribute the estate to those beneficiaries who are easy to find, or assume that missing beneficiaries do not exist. While….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee

The Liquidator: The Central Player in Quebec Succession Disputes

This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime of liquidation of successions and the regime of administration of the property of others. Together, these systems create a coherent….

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Estate Administration, Estate Litigation, Executors, Succession Planning, Wills

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 Stages of an Estate Administration – Part 1

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken. Having worked in this field for over 10 years now, I’ve definitely done my fair share of estate planning, but not nearly enough estate administration. Now, after a long hiatus, I’m stepping back in and starting to notice that things have definitely changed. The process and steps involved in an administration can be overwhelming for those of us working….

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Estate Administration, Estate Administration and Probate Applications, Executors, Practice Management
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