All About Estates

Tag: Probate Application

Total 3 Posts

Welcome Changes in the Filing of Probate Applications

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…

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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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(Un)Certainty with Probate Taxes

As someone who counsels executors and administrators I’ve always been comfortable advising that when applying to probate the will or obtain a certificate of appointment of estate trustee without a will they are required to swear an affidavit attesting to the values of the assets caught on their application and that the values used ought to be based on sound back-up assessments. Those values then form the basis upon which estate administration (probate) taxes are required to be paid to the Minister of Finance. Recently, however, some uncertainty has been thrown into the mix.

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