Orders for Assistance Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court. For …
Submission of Rights to the Court After submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either: Request on a motion …
Order for Return of Certificate (Probate already obtained) When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will are not commenced …
When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for challenging the validity of …
The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate and its beneficiaries, he …
Income Taxes at Death Claims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage breakdown are not …
Restrictions on Distribution of Estate After the death of a spouse, no distributions can be made out of the estate during the six month period immediately following the deceased spouse’s …
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits under pension and similar …
The Equalization Claim A right for the surviving spouse to make an equalization claim under the Family Law Act (“FLA”), subsection 70(1)(b), is possible only due to the death of …
The Impact of the Family Law Act on Estate Administration The administration of estates became very complicated with the enactment of Ontario’s Family Law Act (“FLA”) in 1986. Before that, …