Fasken LLP

Surprise…More Big Changes Coming to Estate Administration

• • 0 Comments

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used to virtual witnessing, digital signatures, email service of documents, small estates certificates and e-filing, the Rules are literally changing again…..

Surprise…More Big Changes Coming to Estate Administration Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Uncategorized

Don’t let your favourite TV show fool you…

• • 0 Comments

Today’s blog was written by Courtney Lanthier, law clerk at Fasken LLP I was watching a show recently where, when a character passed away, he left his family a video message that included how he wanted to divide his estate. As someone who recently started drafting wills and working through estate administration files, I immediately thought – would this be considered a valid will? While a videotaped message setting out….

Don’t let your favourite TV show fool you… Continue Reading »

Wills

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

• • 2 Comments

Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when it comes to managing corporate assets?’ This blog discusses considerations that may be helpful in working your way through this….

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment Continue Reading »

Power of Attorney

Tips on Bringing a Passing of Accounts Application – Part 4

• • 1 Comment

Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”).  This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a beneficiary wishes to object on a Passing Application, they need to prepare the prescribed Notice of Objection (Form 74.45).  It….

Tips on Bringing a Passing of Accounts Application – Part 4 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

Tips on Bringing a Passing of Accounts Application – Part 3

• • 1 Comment

Today’s blog is a continuation of my series[1] on bringing an application to pass accounts (the “Passing Application”).[2]  After the hearing date is set with the court office and the notice of application issued, the next step is to serve the beneficiaries.  The beneficiaries then have an opportunity to review the accounts and respond. What documents must you serve on the beneficiaries? The Ontario Rules only require that you serve….

Tips on Bringing a Passing of Accounts Application – Part 3 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

And then there was more…

• • 2 Comments

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, Executors
Scroll to Top