Estate Administration and Probate Applications

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The Supreme Court of Canada to Review Disclosure of the Sherman Estate Files

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The Supreme Court of Canada has granted leave to appeal a decision of the Court of Appeal for Ontario to unseal the files and probate applications in respect of the estates of Barry and Honey Sherman (the “Sherman Estates”). The tragic murders of the wealthy Toronto couple in December 2017 have been the subject of intense media and public interest over the past two years. There has been somewhat less….

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Estate Administration and Probate Applications, Executors

Wine and Estate Planning

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I recently went looking for information to assist wine and spirit collectors with their estate planning. To my surprise there is little material online.  It’s easy to uncovered truth by drinking wine – “in vivo veritas” – but much harder to find a comprehensive Canadian resource about estate planning for collectors. After meditating on this paucity over a bottle of Okanagan pinot noir that I found in my cellar (well,….

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Estate Administration and Probate Applications, Estate Donations, Estate Planning, Uncategorized

Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation

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With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so much money sloshing around, coupled with the absence of a properly drawn will, that estate fights are inevitable. Michael Jackson’s….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Fiduciary Professions, Interest, International, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes, Wills

Probate and the Humans Rights Tribunal of Ontario

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On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of appointment of estate trustee (probate) be obtained – both where there is and is not a will – in order….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

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On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, Wills

When Probate becomes an International Affair

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Co-written by Jennifer Campbell, estate clerk at Fasken Recently, we have dealt with a number of “international” estates, where (i) probate has been issued in a foreign jurisdiction, (ii) an executor is resident of another country, or (iii) a Canadian deceased held property outside of Canada. These matters have caused us to revisit the requirements set out for dealing with such international connections in order to obtain a Certificate of….

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Estate Administration and Probate Applications, Estate Planning
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