All About Estates

Betty Laidlaw

Total 14 Posts Website
Betty Laidlaw is a law clerk in the Trusts, Wills, Estates and Charities group at Fasken, with over 30 years experience. Betty has extensive experience assisting executors and trustees in managing complex, high-value estates and trusts. Betty specializes in the administration of estates and trusts and also focuses on estate accounting and estate litigation. Betty has received a Certificate in Estate and Trust Administration (CETA) from STEP Canada which denotes excellence in the industry. With this Certificate, Betty has received professional recognition as a specialist in estate and trust management. Betty is an affiliate member of STEP Canada and an associate member of the Institute of Law Clerks of Ontario. Email: blaidlaw@fasken.com.

Revisiting the “Rule of Convenience”

By Betty Laidlaw • August 4, 2023 • 0 Comments

Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5%…

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Cremation and the Burial or Scattering of Ashes – Things to Consider

By Betty Laidlaw • April 28, 2023 • 1 Comment

I am an avid reader and always learn something new, even when reading for pleasure. The novel I recently finished, Cold, Cold Bones, by Kathy Reichs was no exception. This is the paragraph that piqued my interest: “A woman in Mount Holly was struck by a falling object while wrapping…

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What Happens if Something Happens to your Executor?

By Betty Laidlaw • January 27, 2023 • 0 Comments

Choosing who to name as the executor of your estate is an important decision to make when preparing your will (and a topic on which other All About Estates blogs have been written). But what happens if something happens to your executor, and they are unable or unwilling to act?…

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The Secret Language of Estates, and Inflation

By Betty Laidlaw • December 2, 2022 • 0 Comments

Estates clerks and lawyers “speak” their own language.  We use acronyms or initialisms[1] such as CAET, EIR, RCP, ARI, AET, GRE, POA and COLA.  We use abbreviations like Benys and T’ees, and we draw triangles.  The idea for this blog was born when reflecting on having to interpret a lawyer’s…

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Anything New with Passing of Accounts?

By Betty Laidlaw • August 26, 2022 • 0 Comments

Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court…

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Estate Sleuthing

By Betty Laidlaw • June 3, 2022 • 0 Comments

As a law clerk working in the area of estate administration, we often have to act as “detectives”.  For example, we may have to conduct searches to determine whether or not the deceased had a Will.  We may need to track down the beneficiaries named in the Will or piece…

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How’s it going … with the new probate forms?

By Betty Laidlaw • March 4, 2022 • 0 Comments

It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21.  As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of…

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TIPS ON BRINGING A PASSING OF ACCOUNTS APPLICATION – PART 5 (FINAL THOUGHTS)

By Betty Laidlaw • November 5, 2021 • 0 Comments

Today’s blog will wrap up my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1]  We will look at how an Executor/Trustee completes the Passing Application and obtains a judgment on passing of accounts. A Passing Application will either proceed without a court hearing, if…

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Tips on Bringing a Passing of Accounts Application – Part 4

By Betty Laidlaw • September 3, 2021 • 1 Comment

Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”).  This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a…

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Tips on Bringing a Passing of Accounts Application – Part 3

By Betty Laidlaw • July 9, 2021 • 1 Comment

Today’s blog is a continuation of my series[1] on bringing an application to pass accounts (the “Passing Application”).[2]  After the hearing date is set with the court office and the notice of application issued, the next step is to serve the beneficiaries.  The beneficiaries then have an opportunity to review…

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