Estate Administration

Total 493 Posts

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills

Accommodating Beneficiaries of a Will With Differing Gender Identities

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The symbol for people who identify as non-binary.

Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use an “X” under the “Sex” indicator on provincial government identification to signify that they identify as transgender, non-binary, and/or two-spirited,….

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Contested wills, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

ALEXA? How do I access my online account? Administering Estates in a Digital Age

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This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust  Amidst the current landscape, many of us are self-isolating at home and finding ways to entertain ourselves. Often, this means relying more heavily on social media and digital technology. Many of us have adapted our typical business practices and move toward an (even more) paperless society. Planning for digital assets is not a new topic, but during this….

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Estate Administration, Estate Planning, Executors, Uncategorized, Wills

Master the ETDL Appointment

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Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills

Estates Law and Privacy Law: An Incomplete Intersection (Part III)

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This is the third and final entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II examined significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous two entries….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Property

Leaving a Lasting Impression and Making a Difference

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. When a celebrity dies, outside of the cause of death, it seems the first thing that is reported is what their net worth was at the time of their death and what is being left to family. Recently, Marie Osmond made headlines when she announced that….

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Estate Administration, Estate Donations, Estate Planning, Family Conflict
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