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Posts Categorized: Estate Administration
82 ResultsExecutor’s Duties and Responsibilities
It is not uncommon for individuals to name a family member or a good friend as the executor (referred to as “estate trustee” in Ontario) of their estate. However, acting as an executor is not always an easy or enviable task; in fact, many executors come to rue the day they ever agreed to act….read more
The Sherman Murders At the Supreme Court: Balancing Privacy with Openness
Almost three years ago today, billionaire couple Barry and Honey Sherman were found murdered in their North York mansion. Their murderer(s) remain at large. In an unusual move, their probate files were sealed to protect the safety, privacy and dignity of the trustees and beneficiaries of their estates. This decision was appealed and now the…read more
The Father of My Children: Court-Ordered Paternity Testing
This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent…read more
Electronic Filing of Probate Applications
This blog was written by Tyler Lin, student-at-law at de VRIES LITIGATION LLP Effective October 6, 2020, probate applications in Ontario can be filed by e-mail to the Ontario Superior Court at this link.[1] As you might already be aware, a probate application is the court procedure by which a will is proven to be…read more
What Is a Formal Application to Pass Accounts?
Estate trustees, attorneys for property, guardians of property and trustees of a trust (collectively referred to here as “fiduciaries”) are all obligated to keep detailed records, or accounts, of their management of assets. Fiduciaries can be compelled to pass accounts by those with an interest in the trust property or by those with a close…read more
I do not like the estate trustee/executor – can I get rid of them?
Can you apply for the removal of the estate trustee? Section 37(3) of the Trustee Act provides the court with legislative authority to grant an order removing an estate trustee upon the application of: -any executor or administrator desiring to be relieved from the duties of the office, or -any executor or administrator complaining of…read more
Does a Joint Bank Account Go to the Survivor or the Estate?
The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only…read more
The Rights of a Surviving Spouse – Spousal Election
I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain…read more
My Sister Died Without a Will – What Happens Now?
A will allows an individual to decide in advance who will administer her estate and who will receive her assets when she dies. Testamentary freedom is guaranteed to all Canadians, meaning we are free to choose who will benefit from our estates: family members, friends, pets, charities, or our favourite sports team. (Note that most…read more
The Risks of Being an Estate Trustee
A recent news story highlighted one estate trustee’s regretful experience administering an estate. Due to lengthy litigation involving the validity of the Will and an unsuccessful result for the estate trustees, the estate trustee was ordered to personally pay over $100,000.00 in legal fees. While the personal cost order was a result of a unique…read more