All About Estates

Category: Executors

Total 201 Posts

Unclaimed Bodies and Setting Things Right

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…

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Locating Unknown or Missing Heirs to an Estate

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…

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Frivolous Notices of Objection Can be Struck Out

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…

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ALEXA? How do I access my online account? Administering Estates in a Digital Age

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust  Amidst the current landscape, many of us are self-isolating at home and finding ways to entertain ourselves. Often, this means relying more heavily on social media and digital technology. Many of us have adapted our typical business practices…

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Master the ETDL Appointment

Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee.

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Estates Law and Privacy Law: An Incomplete Intersection (Part III)

This is the third and final entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II examined significant court decisions relating to this area. Part III will look at solutions for…

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Estate Planning in a Pandemic: No Easy Solutions

This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management It is not surprising that in a pandemic many people are very concerned about their estate plan.  This blog will focus on making a valid Will. In Canada each province and territory has its own…

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Dancing with the Dead

This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   If you had the chance to see your favourite artist perform in concert after they passed away, would you attend? For many Whitney Houston fans, this is now a legitimate question to ask…

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Actions Have Consequences – They May Sever Joint Tenancy

Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and…

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Clearance Certificates

An executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every…

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