Estate Administration and Probate Applications

Probate Points to Remember – A.K.A. Names and More

By Betty Laidlaw • October 16, 2020 • 1 Comment

As I have prepared applications for certificates of appointment of estate trustee (“Probate Applications”) over the years, I have kept a list that I call “Probate Points to Remember”. The purpose of this list is to remind me of how I have handled certain practical matters on Probate Applications. In…

Welcome Changes in the Filing of Probate Applications

By Maureen Berry • October 9, 2020 • 1 Comment

I would like to thank the estates law clerks in the Private Client Services group of Fasken for their contributions to this blog. This week, Attorney General Doug Downey (perhaps in the spirit of Thanksgiving) hinted at upcoming changes in the area of estates that would “manage the estate process…

What Makes a Marriage?

By Gillian Fournie • October 7, 2020 • 2 Comments

Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a…

You’ve Got Mail – Part One

By Jennifer Campbell • September 18, 2020 • 0 Comments

Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise. You may be entitled to either (i) a legacy which can be in the form of a…

Multiple Wills Across Civil and Common-Law Systems; Estate Planning That Provides An Advantage To Clients Who Hold Assets In Ontario And Quebec

By Tamar Silverbrook • August 28, 2020 • 0 Comments

If structuring an estate plan across different Canadian jurisdictions didn’t raise enough considerations for an estate planner, add a different legal system to the mix, namely, Quebec’s civil law. This post focuses on the estate-planning advantages available to clients who hold assets both in Ontario and Quebec, specifically the advantage…

WHAT ABOUT A CORPORATE EXECUTOR?

By Steven Frye • July 14, 2020 • 1 Comment

A lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the…

Unclaimed Bodies and Setting Things Right

By Justin de Vries • June 17, 2020 • 0 Comments

Unhappily, it is not uncommon for family members to be at loggerheads as to who controls the body of a loved one and whether the body should be cremated or buried. I previously blogged on the 2018 case Miller v. Miller, a decision by Justice Myers of the ONSC, which…

Listing in a Time of COVID

By Jacob Kaufman • June 10, 2020 • 0 Comments

Regular court operations and limitation periods/statutory deadlines continue to be suspended in Ontario due to COVID-19 (as discussed further in my previous blog). However, this does not mean that litigation is somehow frozen or that deadlines in previous court orders do not apply. One party learned this painful lesson in…

Locating Unknown or Missing Heirs to an Estate

By Noah Haynes • June 3, 2020 • 1 Comment

How should an estate trustee proceed when they cannot identify or locate all of the heirs to an estate? In some cases, a challenge arises where a will does not identify the beneficiaries by name, but by class or some other description. For example, a will may leave the residue…

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…

Category: Estate Administration and Probate Applications

Probate Points to Remember – A.K.A. Names and More

Welcome Changes in the Filing of Probate Applications

What Makes a Marriage?

You’ve Got Mail – Part One

Multiple Wills Across Civil and Common-Law Systems; Estate Planning That Provides An Advantage To Clients Who Hold Assets In Ontario And Quebec

WHAT ABOUT A CORPORATE EXECUTOR?

Unclaimed Bodies and Setting Things Right

Listing in a Time of COVID

Locating Unknown or Missing Heirs to an Estate

Frivolous Notices of Objection Can be Struck Out

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