Tag: Trustees
Tag: Trustees
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...
ESTATE LITIGATION: Challenging a will with the court’s 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....
ESTATE LITIGATION: Challenging a will and strategies for all those concerned
Submission of Rights to the CourtAfter submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either:Request on...
ESTATE LITIGATION: Challenging the validity of a Will after probate
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...
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...
ESTATE ADMINISTRATION: Advising the Surviving Spouse
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...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Restrictions on Distribution of EstateAfter the death of a spouse, no distributions can be made out of the estate during the six month period immediately following...
ESTATES & INTESTACY: Spousal statutory rights when there is no Will
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed.Effect on IntestacyIn...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
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...
ESTATES & EQUALIZATION: How can a spouse elect his/her family law rights over a Will
The Equalization ClaimA 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...