Mirror Wills and Mutual Wills: Cooperative Estate Planning

by: , January 9, 2023

For many, marriage represents the intermingling of lives, families, and assets. It can also mean coordinating estate plans. Two common forms of coordinated estate plans are mirror wills and mutual wills – both are particularly useful if the couple have children, either together or from prior relationships. Knowing the difference between these two types of…read more

Searching for a will, and what to do if a will is lost or destroyed

by: , December 12, 2022

Searching for a Will It can be difficult to know where to start when searching for a will. First and foremost, remember that a will does not necessarily have to be prepared by a lawyer. If you think the deceased may have prepared a holograph will, you will want to make sure you don’t automatically…read more

Can a Will Outline Be Admitted to Probate?

by: , July 19, 2022

Sections 3 and 4 of the Succession Law Reform Act, R.S.O. 1990, c S.26 (“SLRA“) set out requirements for a valid Will in Ontario. The document must be in writing, signed by the testator, in the presence of two subscribing witnesses who watched the testator sign the document. But can the mere outline of a…read more

Holographic Wills and Incorporation by Reference

by: , January 20, 2022

In Re Lacroix Estate, 2021 ONSC 2919, the Ontario Superior Court of Justice considered whether a testator’s handwritten note could incorporate by reference the testator’s unsigned but initialed typewritten Will. Facts On May 19, 2020, during the height of the COVID-19 lockdown, Rebecca Stephanie Lacroix contacted a solicitor, Margaret Opatovsky. Ms. Lacroix advised that she…read more

The Role of the OCL

by: , October 4, 2021

de VRIES LITIGATION LLP often acts as agent lawyers for the office of the children’s lawyer (the “OCL”) in various proceedings. Generally, the OCL represents the interests of a child under the age of 18 in cases in Ontario. Minors’ interests are often at play in estate and trusts matters. For example, a minor may…read more

Notice of Objection to Accounts

by: , August 16, 2021

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?

by: , August 3, 2021

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?

by: , July 20, 2021

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

When does a house automatically go to a beneficiary?

by: , July 5, 2021

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

What is a Fiduciary?

by: , June 21, 2021

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