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Notice of Objection to Accounts
A passing of accounts refers to the process whereby the court approves of the estate trustee’s accounts. The accounts provide, among other things, details relating to the estate’s capital and revenue receipts and disbursements. While an estate trustee can voluntarily bring an application to pass accounts or be compelled to do so by the court,…read more
How Can a Beneficiary Get Information About an Estate?
Sometimes a beneficiary can feel powerless during the process of an estate administration. A beneficiary may not know anything beyond that he or she is a beneficiary. Sometimes even confirmation of a gift is difficult to obtain. The relationship between an estate trustee and a beneficiary does not have to be a challenging one. The…read more
Do You Have a Receipt for That?
Estate trustees are accountable to the beneficiaries of an estate for the steps they have taken in their administration. Estate trustees should keep a complete record of their activities and always be in a position to prove that they acted prudently and honestly, with accounts ready upon request by a beneficiary. But what happens when…read more
Supreme Court of Canada Unseals Sherman Probate Files
On June 11, 2021, the Supreme Court of Canada released its highly-anticipated decision in Sherman Estate v. Donovan, in which the Court ordered that the Sherman probate files be unsealed. In its ruling, the Supreme Court of Canada affirmed the open-court principle and freedom of the press as fundamental pillars of Canadian democracy. Background The…read more
When does a house automatically go to a beneficiary?
Just because you are a beneficiary of someone’s estate does not mean you automatically receive your entitlement. Instead, you will have to wait until it is transferred to you. However, in certain circumstances you may receive real property (e.g., a home) directly three years after the deceased’s passing. When someone dies, their property vests in…read more
The Cost Consequences of Our Conduct
One of the first questions clients often raise at the outset of a retainer is how much the litigation is going to cost them. While many know that going to court is an expense endeavour, the parties’ conduct in a proceeding can have a great impact upon the ultimate costs ordered to be paid. By…read more
What is a Fiduciary?
The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the…read more
What Does it Mean to Have Capacity?
Legal capacity can be a difficult concept to understand. For those who are concerned about a loved one’s ability to care for herself or to make financial decisions, the answer to the question of whether their loved one has capacity may seem obvious. Forgetfulness, confusion, and even mild dementia are often viewed as indicative of…read more
The Man with Two Lives: a complicated intestacy
Background – The Man with Two Lives The deceased, Michael Widner, died unexpectedly in 2017. He was the victim of a homicide. In the words of Duncan J., he left behind a “complicated legacy”. At the time of his death, he was married to both the defendant, Sabrina Widner, and was also in a…read more
Involving the PGT in Guardianship and Estate Matters
Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and…read more