When I was in private practice, I almost applied for a Benjamin order on an estate file until I was saved by the Registrar’s record that the sole heir had in fact predeceased the deceased. The result was one that ended well since the sole niece who had spent a…
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Did William die? If so, when? These were the central issues addressed in Steele v. Smith, 2018 ONSC 4601. There, the Court had to consider whether the estate trustee of William’s sister’s estate should receive a “Benjamin Order”, permitting the estate trustee to distribute the residue of her estate as if…