Estate Administration and Probate Applications

Total 135 Posts

Does the Estate Trustee Always Participate in Estate Litigation?

• • 0 Comments

One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation is the estate trustee, not the estate. If the estate is named as a party to the litigation, the title….

Does the Estate Trustee Always Participate in Estate Litigation? Continue Reading »

Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Spouse, Trustee, Trustee Disputes

Probate Points to Remember Part 2 – Some Additional Tips

• • 1 Comment

In my blog Probate Points to Remember – A.K.A. Names and More – All About Estates of October 16, 2020, I shared from my list of “Probate Points to Remember”.  I provided tips regarding how to name individuals, including the deceased, executors and beneficiaries, such as when using “also known as” names, in applications for certificates of appointment of estate trustee (“Probate Applications”).  The purpose of the list is to….

Probate Points to Remember Part 2 – Some Additional Tips Continue Reading »

Estate Administration and Probate Applications, Wills

Probate Points to Remember – A.K.A. Names and More

• • 1 Comment

As I have prepared applications for certificates of appointment of estate trustee (“Probate Applications”) over the years, I have kept a list that I call “Probate Points to Remember”.  The purpose of this list is to remind me of how I have handled certain practical matters on Probate Applications.  In today’s blog, I will share some of these tips regarding names, including “also known as” or AKA names. It is….

Probate Points to Remember – A.K.A. Names and More Continue Reading »

Estate Administration and Probate Applications, Wills

Welcome Changes in the Filing of Probate Applications

• • 1 Comment

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 with less hassle and address the probate application backlog”. Currently, many jurisdictions are facing lengthy backlogs in processing applications for….

Welcome Changes in the Filing of Probate Applications Continue Reading »

Estate Administration and Probate Applications, Uncategorized

What Makes a Marriage?

• • 2 Comments

Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a person dies with a common law spouse, the spouse must commence a claim for dependant support pursuant to Part V….

What Makes a Marriage? Continue Reading »

Dependant Support, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Spouse, Trustee

You’ve Got Mail – Part One

• • 0 Comments

Learning that a loved one or friend who has passed away has left a gift for you in their Will, can be expected or in some cases, it can come as a surprise.  You may be entitled to either (i) a legacy which can be in the form of a specific gift of personal property (i.e. a car, painting, jewellery), a gift of cash from a specified source (i.e. TFSA….

You’ve Got Mail – Part One Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Wills
Scroll to Top