estate trustee

What Happens When a Will is Missing an Important Clause?: Lessons From Kentros v. Kentros

A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This issue was considered in Kentros v. Kentros, 2026 ONCA 546. This case is a useful reminder of the difficulties that can arise when a will does not accurately reflect a testator’s intentions and raises important questions about the limits of a court’s ability….

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Estate Administration, Wills

Five Practical Tips for Preparing and Reviewing Estate Accounts

Estate trustees have a duty to keep accurate records of estate assets and transactions throughout their administration and to account to beneficiaries at appropriate intervals. The estate accounts tell the story of how estate assets were collected, managed, spent, and distributed. Once that accounting has been provided, estate trustees may seek a discharge for the period covered by the accounts, either through beneficiary releases or a court passing of accounts…..

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Estate Administration, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation

Choosing the Right Estate Trustee: When Poor Administration Comes at a Cost

This blog post was written by Mohena Singh, Associate at Fasken LLP. A recent Ontario Superior Court decision, Flowers v. Flowers, 2026 ONSC 3524, serves as a reminder that one of the most important decisions in any estate plan is the selection of an estate trustee. While many testators instinctively appoint a trusted child or family member, the role carries significant legal responsibilities. When those responsibilities are ignored, the consequences….

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Estate Administration, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation

The “Surprise” Asset – What to Do When You Discover Estate Assets After Probate

Even with careful record-gathering at the beginning of an estate administration, it is not uncommon for an estate trustee to later discover an additional asset. The estate trustee may think they have prepared a complete list of all the assets owned by the deceased as of the date of death. Then, after the Certificate of Appointment of Estate Trustee (probate grant) (the “Estate Certificate”) is issued, something else turns up…..

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Estate Administration, Estate Administration and Probate Applications, Executors, Probate Tax, Tax Issues, Trustee

The Stages of an Estate Administration – Part 1

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken. Having worked in this field for over 10 years now, I’ve definitely done my fair share of estate planning, but not nearly enough estate administration. Now, after a long hiatus, I’m stepping back in and starting to notice that things have definitely changed. The process and steps involved in an administration can be overwhelming for those of us working….

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Estate Administration, Estate Administration and Probate Applications, Executors, Practice Management

A Beneficiary’s Guide to Reviewing Estate Accounts: The Perspective from British Columbia (Part Two)

Today’s blog is the second in a three-part series that explores estate accounts from the perspective of a beneficiary, and more specifically a beneficiary of an estate in the Province of British Columbia. These blogs were written by Caroline Caron, a paralegal in the Vancouver office of Fasken LLP, to provide practical and helpful tips for beneficiaries who are navigating estate accounts. In the first part of this series, Caroline….

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Estate Administration, Executors, Trustee, Trustee Compensation
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