All About Estates

Tag: Probate Application

Total 5 Posts

Software Applications as Aids to the Estates Advisor

Software Applications as Aids to the Estates Advisor For all of us advisors, there are likely certain types of software applications that we use for our day-to-day tasks: perhaps its Microsoft Outlook for sending emails, or a timekeeping software for recording dockets. And although these programs are leaps and bounds…

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Bill 245: Innovative Updates to the Succession Law Reform Act

Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual…

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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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