All About Estates

Category: Executors

Total 261 Posts

Walters v. Walters: Limits to “Absolute Discretion” and Judicial Intervention by: Yvonne Mazurak

A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors…

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Has a Contingent Beneficiary Asked for an Accounting?

An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass…

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Affidavit Evidence – A Refresher

Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent…

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How’s it going … with the new probate forms?

It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21.  As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of…

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Happy Executor, Happy Administration

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP The death of a loved one is never easy to handle, but add on the additional responsibility of acting as an executor and you almost don’t have time to grieve the loss. One of the questions we should…

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Goodbye My Furry Friend

  This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP With more people working from home and less activities available for children, it is no surprise that there has been a COVID pet boom as many families have added a new member to their household during…

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SALE OF PERSONAL RESIDENCE AFTER DEATH

Can an estate claim a loss for tax purposes if the estate sells the property for less than what it was valued for at time of death? Hard to imagine such circumstances in this current real estate environment but in the unlikely event it does occur, what are the rules?…

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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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The executor’s year – taxation “not made” simple

Determining the bearer of the tax burden on income earned in an individual’s estate is not as simple as one might think. There are some basic taxation rules that apply to an estate which result in either the estate or the beneficiaries becoming ultimately liable for the tax. The tax…

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Should you Remove an Executor?

This Blog was written by Edward Ngo, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management As the autumn leaves begin to fall and the cold air catches our breath, I remind myself there is no such thing as a simple will or a straightforward estate….

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