It seems as though the estate court forms and court rules are always changing. It is important to be aware of these changes when filing probate applications in Ontario. Today’s blog will explore the new Form 74G Renunciation and Consent, and provide some practical tips and considerations to help navigate…
Tag: Probate Application
Total 6 Posts
Software Applications as Aids to the Estates Advisor For all of us advisors, there are likely certain types of software applications that we use for our day-to-day tasks: perhaps its Microsoft Outlook for sending emails, or a timekeeping software for recording dockets. And although these programs are leaps and bounds…
Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual…
I would like to thank the estates law clerks in the Private Client Services group of Fasken for their contributions to this blog. This week, Attorney General Doug Downey (perhaps in the spirit of Thanksgiving) hinted at upcoming changes in the area of estates that would “manage the estate process…
Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the…
(Un)Certainty with Probate Taxes
By Corina Weigl •
September 2, 2011
As someone who counsels executors and administrators I’ve always been comfortable advising that when applying to probate the will or obtain a certificate of appointment of estate trustee without a will they are required to swear an affidavit attesting to the values of the assets caught on their application and that the values used ought to be based on sound back-up assessments. Those values then form the basis upon which estate administration (probate) taxes are required to be paid to the Minister of Finance. Recently, however, some uncertainty has been thrown into the mix.