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 […]
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
A clause that is often included in Wills, is one that directs the trustee “To pay out of and charge to the capital of my general estate my just debts, and funeral and testamentary expenses.” At first glance, the clause appears straightforward. In practice, however, disputes can arise over what funeral expenses an estate is
There are limits on the freedom of a testator to dispose of her estate as she chooses. One of the limits is imposed by statute: a deceased must provide adequate provision for the proper support of her dependants. The Succession Law Reform Act, RSO 1990, c S.26 (SLRA) defines a dependant as (a) the spouse
