Estate Administration and Probate Applications

Total 135 Posts

Probate Forms are Changing…Again

Today’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the introduction of new consolidated forms. Recently announced updates, set to go into effect on July 1, 2022, will impact the….

Probate Forms are Changing…Again Continue Reading »

Estate Administration and Probate Applications, Estate Litigation, Estate Planning

How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy

The background to the unopposed motion was lurid: a prominent lawyer cut down before her time and a last-minute Las Vegas marriage to a former Russian child star. In Estate of Tanya Claudia Davies, 2022 ONSC 2009, the court stayed an application for a certificate of appointment of estate trustee due to the court’s general supervisory role over officers of the court and internet rumours. Tanya Davies was a prominent….

How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, In the News

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 in court – since the judge reviews the affidavits prior to the hearing, court time is used by the lawyers….

Affidavit Evidence – A Refresher Continue Reading »

Credibility, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

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 beyond what our advisor ancestors could have imagined for themselves a hundred years ago, as we head deeper into the….

Software Applications as Aids to the Estates Advisor Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills

Potential Cost of Witnessing a Will

Across Canada, the provinces have built safeguards against undue influence into their law regulating wills: if the witness or the witness’ spouse receives a gift of property under the will, that gift is void. Unfortunately, this rule has the potential to disinherit innocent beneficiaries who unwittingly agree to act as witnesses to the will. This was the situation before the Supreme Court of British Columbia in Wolk v Wolk, 2021 BCSC 1881…..

Potential Cost of Witnessing a Will Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Wills

Surprise…More Big Changes Coming to Estate Administration

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used to virtual witnessing, digital signatures, email service of documents, small estates certificates and e-filing, the Rules are literally changing again…..

Surprise…More Big Changes Coming to Estate Administration Continue Reading »

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