The All About Estates blog now has a home on LinkedIn. Our collaborative blog, All About Estates, is now over 15 years old. Around 3,500 people subscribe to the daily emails; the website receives 5,000 visits a month, with 11,000 page views. Since 2010, more than 50 contributors have published over 2,700 posts. There are […]
Certificates of Appointments of Estate Trustee, or probate, as it is often referred to, is the process which confirms the ability of an estate trustee to administer an estate. Notably, the authority of an estate trustee derives from the deceased’s last will and testament; however, as many well know, the granting of a Certificate of
The ‘Loser Pays’ Principle In estate litigation, costs awards follow the ‘loser pays’ principle. Generally, this means the losing party has to pay a portion of the winning party’s costs. Typically, the winning party is entitled to their ‘partial indemnity costs’ (i.e., the losing party pays 30-50% of the winning party’s costs). However, in some
In Ontario, a small estate is defined as an estate valued at $150,000 or less. In recognition of their size and limited assets, the [Estates Act] enforces special rules and procedures regarding the administration of small estates. A notable example of a special consideration in small estates is the surety bond requirement. An estate administration
In estate litigation, it may sometimes be necessary to obtain expert opinion evidence on a certain issue in order to assist the Court with making a determination on that issue. For example, if an estate trustee of an estate failed to invest estate funds or did so improperly, an expert report may be obtained to
