All About Estates

Category: Estate Administration and Probate Applications

Total 49 Posts

Milne Estate (Re)visited

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)…

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Preservation Orders in Estate Litigation

Estate litigators are very familiar with unique and interesting fact patterns and it is helpful to be reminded that unusual circumstances may warrant the use of somewhat uncommon remedies. Rule 45 of the Rules of Civil Procedure is one such remedy, which provides for the interim preservation of property and…

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The Importance of Being Original

This Blog was written by: Emily Racine   As we know, the statistics are less than ideal for the number of Canadians who have a will let alone a recently updated one. That being said, having a will is not enough – it is important to have the original will….

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A Roadblock for Multiple Wills

Today’s blog was written by Justin W. de Vries and Jacob Kaufman A will need not be probated. The power of an estate trustee derives from the will itself. However, in certain cases, a grant of probate (now awkwardly called a certificate of appointment of estate trustee with a will)…

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Where’s There is a Will (and a Clear One), There is a Way!

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’,…

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Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy?

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…

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Executors Remuneration

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…

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Withdrawal of RRSP Over-Contributions After Death

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…

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Lost Wills – More Complicated than Losing Your Keys

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…

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Discretionary Estate Donations

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…

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