Estate Administration

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 […]

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Planning, Probate, Trusts

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

Estate Administration, Estate Litigation, Estate Planning, In The News

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

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Litigation, Forms of Relief, Joint Assets, Legal Opinions on Estate Administration, Other Claims & Remedies Against Estates

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

Dependant’s Relief Claims, Estate Administration, Estate Litigation, Forms of Relief, In The News, Limitation Period, Other Claims & Remedies Against Estates, Spousal Elections, Valuation of Estate Assets

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

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Planning, Other Claims & Remedies Against Estates, Probate
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