In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year, she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’,…
Category: Estate Administration and Probate Applications
Total 45 Posts
This Bog was written by; Sally Lee Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy? No, but I can understand why this misconception exists. Subsection 29(1) of the Estates Act creates the confusion by naming the surviving spouse/common law partner before the next…
Occasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and…
When an annuitant of a RRSP makes over-contributions (or unused contributions) to his or her RRSP and wants to withdraw them without penalty, the Canada Revenue Agency (“CRA”) will permit the annuitant to withdraw the over contributions and claim a deduction accordingly, as long as the CRA can be shown…
Nobody is perfect – sometimes you lose your keys. Other times you lose your will. The problem is, by the time your estate trustee realizes the will is gone, you won’t be around to help look for it. The inability to find a testator’s will does not automatically result in…
The following post is by guest blogger Sally Lee, LLB, an Estate and Trust Consultant at Scotia Wealth Management in Toronto. What happens when a testator, under her will, grants her executor unfettered discretion to gift a share of the residue of her estate to a charity or charities? The…
The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had…
When developing estate plans for clients with property of a capital nature (real estate, marketable securities being a couple of examples), one of the questions I get asked more often than not is: How can I avoid probate? Can I just put someone else’s name on a document so it…
This Blog was written by: Natalie Rouse Most of us are familiar with the 1998 decision of Granovsky Estate v Ontario. The case has been the leading authority to permit planning with multiple Wills in Ontario. The use of multiple Wills is now an integral part of the estate planning…
Does an estate trustee have to apply for probate in order to represent the estate before an administrative tribunal? Two administrative tribunals – the Workplace Safety Insurance Appeal Tribunal and the Humans Rights Tribunal have taken different positions. An estate trustee does not always require probate (the formal term is…