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Tag: probate

What Happens if You Die Without a Will in Ontario?

Confirmation of Registration Report They say nothing is certain in life but death and taxes. We pay taxes on a daily basis but often try to avoid the thought of death at all costs. Unfortunately, the cost to your loved ones if you do not plan for your estate in the event of your death can be abundant; and it […]

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ESTATE LITIGATION: Challenging the validity of a Will prior to probate

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 a will are:The absence of testamentary capacity;The lack of approval or knowledge of the contents of the will;The indication of undue influence; orThe non-compliance with the requirements of due execution as stipulated in Part I of the Succession Law Reform Act (SLRA).As well, there could be less frequent challenges based upon allegations, such as forgery or fraud. Those propounding the will have to prove that the testator had the required testamentary capacity.  They have to establish, on the balance of probabilities, that the deceased possessed the requisite level of testamentary capacity when the will was executed. If undue influence is the issue, those alleging undue influence have to establish that allegation. Then, there is the doctrine of “suspicious circumstances”, which includes such matters as the age and medical condition of the testator, the opportunity of others to exercise a degree of influence over the testator, and the significance of changes made in

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ESTATE LITIGATION: Battle of the Wills

With the Certificate of Appointment of Estate Trustee already in the hands of the supporter, the proceedings to challenge a will cannot be commenced by filing a notice of objection. The challenger has to obtain an order requiring the Certificate to be returned to the court, on a motion without notice by filing a draft order and an affidavit in support. This affidavit should specify the interest of the party applying for the

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Death Tax, Probate Tax, Estate Tax, Inheritance Tax, Wealth Tax and Final Income Taxes; which of these should we Canadians be concerned for?

Unlike some other countries in the world, Canada does not impose taxes on wealth or the value of an inheritance upon death; but in its place Canada taxes the deceased’s income for its final year. Canada, unlike the United States, does not charge an estate tax on the value of the capital of an estate. Although there are only taxes on income in Canada, certain specific rules make the tax more burdensome in the year of

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ESTATE ADMINISTRATION: Why, and what is done once someone passes?

In law, an estate can be defined as the personal, real, tangible and intangible property of an individual along with things of value to which the person (now dead) could lay a claim while s/he was alive. All such property can be given to others by a will through the process of probate, which could be a somewhat lengthy and costly affair. In order to avoid the probate process, people arrange to place their properties under

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WILLS & ESTATES: What Every Person Should Know!

The difference faced by a person selling life insurance and someone intending to make a will is similar to a great extent. The former has to tell the client to visualize a situation when he/she is not alive, not quite a great opening line. The latter similarly is not expected to think of impending death, at least not in the immediate future. However, the probability of death is always there; quite a number of people die at a

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