Estate Administration and Probate Applications

Total 135 Posts

Recent Cases Applying Section 21.1 of the SLRA

Having come into force on January 1, 2022, Section 21.1 is a relatively recent addition to the Succession Law Reform Act (“SLRA”). Section 21.1 is a validating provision, which allows the courts discretion to declare a will valid even if it does not meet the formalities of execution set out under section 4 of the same act. Those formalities are as follows: The will must be signed by the testator….

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

Can solicitor-client privilege protect estate trustees from claims brought by beneficiaries?

Today’s Blog was written by Mohena Singh, Associate at Fasken LLP. As estate planners, we are regularly engaged by individuals who are acting as estate trustees. This role can often be a long endeavour as it could take several years to administer an estate. During an administration, estate trustees are entrusted to make important decisions, including how to invest estate funds and making distributions to beneficiaries. Sometimes a beneficiary may….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Uncategorized

Ontario Residents with Quebec assets

Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP A common issue facing estate planning practitioners in Eastern Ontario is the Ontario resident client owning Quebec assets, often the family cottage, which need to be dealt with in a Will. Where a couple (or either of them) owns assets in Quebec it generally makes sense to have distinct Quebec Wills dealing with….

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

Administering an Estate: A Marathon of Responsibilities

We had a Zoom call with our adult children a few weekends ago. We talked about our son’s engagement, as our daughter hadn’t yet heard the details of how he had proposed. We also talked about our daughter’s recent 5K run at the Toronto Zoo and how it compared to the half marathon that our son had run a few years ago. This family discussion and a recent work discussion….

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Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Probate Tax, Tax Issues, Wills

Executors: Holiday Elf or Grinch?

                                             Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed to administer an Estate, you may have more stress than usual this holiday season. I wrote this blog in hopes….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Wills
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