Typical advice to an executor would outline his or her duties, explain how to go about completing them, and then would end with a statement something along the lines of “and then your job as an executor will be complete”. And we all know that the role of an executor can be a complicated and drawn-out affair. Today’s blog is about an interesting situation that I recently came across where….
And then there was more… Continue Reading »
Estate Administration, ExecutorsThis blog was written by Meghan Carlin, summer student at Fasken LLP. While the law in Canada on the criminal forfeiture rule (or the “slayer rule”) is generally well understood, questions about next steps in the administration of estates where the primary beneficiary has been disentitled may be more difficult to answer. On March 3, 2021, the Ontario Supreme Court released its decision in the case of The Bank of….
In my blog Tips on Bringing a Passing of Accounts Application of March 5, 2021, I provided suggestions on preparing the accounts and drafting the court required documents when bringing an application to pass accounts (the “Passing Application”).[1] In today’s blog, I will share some tips on the next steps in the process. Initiating the Passing Application The Passing Application is initiated by (i) obtaining a hearing date for the passing….
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Passing Of Trustees’ and Executors’ AccountsIn my first blog post (as a guest blogger), I wrote about what a law clerk is and what it is that we do. In today’s blog I will expand on a task that an estate law clerk is frequently involved in – a court passing of accounts – and provide some tips on bringing an application to pass accounts (the “Passing Application”). The court rules regarding passing of accounts….
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Passing Of Trustees’ and Executors’ AccountsToday marks a court-imposed deadline regarding legislative amendments to our laws on medical assistance in dying (“MAiD”). This topic, although heavy, has been important to me, particularly over the past year. As recently as the US election, someone close to me was scheduled for MAiD. As her date was approaching, the election results had not yet been determined. Everyone thought she was joking about cancelling or postponing her date to….
Medical Assistance in Dying (MAiD) – An Update Continue Reading »
Medical Assistance in DyingIn Ontario, s. 15 of the Succession Law Reform Act (the “SLRA”) provides that a Will is revoked by a subsequent marriage of the testator. Practitioners who are meeting with a client in the weeks leading up to his or her marriage will often prepare a Will that contains a statement that the Will was made “in contemplation of the marriage”, which will ‘save’ the Will from revocation by the….
