Estate Administration and Probate Applications

Total 141 Posts

When Chattels Breathe: The Challenge of Inheriting Horses

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This blog has been written by Caroline Caron, Law Clerk at Fasken LLP At first glance, inheriting a horse may seem no different from inheriting any other personal asset. In law, that is partly true: a horse is generally classified as a chattel, a form of tangible personal property, much like a vehicle or piece of artwork. However, this classification quickly reveals its limits. Unlike most chattels, horses are living….

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Estate Administration, Estate Administration and Probate Applications

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills

But Google Says… The Executor’s Guide to Late-Night Googling

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Accepting an appointment as executor is a bit like agreeing to assemble a complicated piece of furniture without realizing the instructions are 300 pages long, several pieces are missing, and everyone in the family has a different opinion about how it should be assembled. Most executors begin the process feeling confident and optimistic. They are organized. They are capable. They have a plan. A few months later, they are searching….

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Estate Administration, Estate Administration and Probate Applications, Executors

The Consequences of “Stealing” an Estate

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The Court of Appeal recently released a decision dismissing appeals against conviction of a former Toronto police officer and a former employee of the Public Guardian and Trustee (“PGT”) who fabricated the last will and testament of Heinz Siegfried Sommerfeld to benefit the police officer. In 2023, a police officer, Robert Konashewych, and a PGT employee, Adellene Balgobin, were convicted of defrauding the estate of Mr. Sommerfeld, who was an….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Wills

The “Surprise” Asset – What to Do When You Discover Estate Assets After Probate

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Even with careful record-gathering at the beginning of an estate administration, it is not uncommon for an estate trustee to later discover an additional asset. The estate trustee may think they have prepared a complete list of all the assets owned by the deceased as of the date of death. Then, after the Certificate of Appointment of Estate Trustee (probate grant) (the “Estate Certificate”) is issued, something else turns up…..

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Estate Administration, Estate Administration and Probate Applications, Executors, Probate Tax, Tax Issues, Trustee

Key Findings Relating to the Exercise of Trustee Discretion

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A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized
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