Probate Archives - All About Estates

Administering an Estate: A Marathon of Responsibilities

By Betty Laidlaw • March 15, 2024 • 3 Comments

We had a Zoom call with our adult children a few weekends ago. We talked about our son’s engagement, as our daughter hadn’t yet heard the details of how he had proposed. We also talked about our daughter’s recent 5K run at the Toronto Zoo and how it compared to…

Human Rights Tribunals Continue To Disproportionately Require Probate

By Jacob Kaufman • June 1, 2022 • 0 Comments

As my colleague Joanna Lindenberg and I have blogged about the Human Rights Tribunal of Ontario has taken the position that it requires a certificate of appointment of estate trustee (i.e. probate) in order for an application before the HRTO to proceed. Now, in Boyd v. Steeves & Rozema Enterprises…

Bill 245: Innovative Updates to the Succession Law Reform Act

By Tyler Lin • June 2, 2021 • 0 Comments

Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual…

Estate Trustee Removed for Conflict of Interest

By Diane Vieira • July 8, 2020 • 0 Comments

A recent New Brunswick case provides a thoughtful analysis on the removal of estate trustees (referred to as Estate Administrators in New Brunswick). In his will, the testator had named his sister as his estate trustee. The beneficiaries of his estate were his two children and his brother, Yves. However,…

Frivolous Notices of Objection Can be Struck Out

By Noah Haynes • May 6, 2020 • 0 Comments

Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the…

Milne Estate (Re)visited

By Joanna Lindenberg • November 21, 2018 • 0 Comments

Today’s blog was co-authored by Joanna Lindenberg and Ronald Neal The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal)…

No Right to Compel a Will be Proven in Solemn Form

By Jacob Kaufman • March 30, 2016

My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might…

Can a will be written on any surface?

By Jasmine Sweatman • July 11, 2011

Throughout history people have written their wills in very interesting places.

Tag: Probate

Administering an Estate: A Marathon of Responsibilities

Human Rights Tribunals Continue To Disproportionately Require Probate

Bill 245: Innovative Updates to the Succession Law Reform Act

Estate Trustee Removed for Conflict of Interest

Frivolous Notices of Objection Can be Struck Out

Milne Estate (Re)visited

No Right to Compel a Will be Proven in Solemn Form

Can a will be written on any surface?

Sign Up For Daily Email

Font Resizer

Contributors

Recent Posts

Topics

Archives

Links