Estate Administration and Probate Applications

Total 138 Posts

No Takebacks

For the average person, the work of an estate trustee can be daunting. Depending on the complexity of the estate, it can be a full-time job unto itself, and it is not uncommon for an estate trustees to renounce their appointment. The case of Chieffallo v. Blair, 2025 ONSC 3411 dealt with an estate trustee who renounced their appointment, then sought to retract their renunciation. Yvone Chieffallo’s Last Will and….

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

Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills

Ontario Estate Court Forms Revamped: Key Changes You Need to Know

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. The Ontario Ministry of the Attorney General has once again revised the estate-related Court forms, this time under O. Reg. 72/25, which came into effect on August 13, 2025. These changes aim to streamline the probate application process and reduce administrative friction for estate professionals across the province, ultimately benefiting all parties involved in estate administration. What Changed?….

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Courts, Estate Administration, Estate Administration and Probate Applications

Valuing Sentimental Property in Estate Litigation

THE FOLLOWING BLOG POST WAS WRITTEN BY IRYNA HUK, STUDENT-AT-LAW AT DE VRIES LITIGATION LLP When a sentimental estate asset is wrongfully altered or destroyed, courts must decide whether the appropriate remedy is to award the estate the value of a replacement or the cost of restoring the original. The decision in Kew Estate v. Konarski, 2025 ONCA 357 illustrates that in some circumstances, misappropriating emotionally significant estate assets may not….

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Estate Administration, Estate Administration and Probate Applications, Liability

Ontario Estate Information Return Essentials

  The Institute of Law Clerks of Ontario recently hosted an education session on Ontario’s Estate Administration Tax (“EAT”) and the Estate Information Return (“EIR”), presented by a representative of the Ontario Ministry of Finance (“MOF”). I was particularly interested in this session as I wrote about the new online filing process for EIRs in my last blog post https://allaboutestates.ca/estate-information-return-the-new-online-process/. Today’s blog will share some of the key takeaways from….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Probate Tax, Tax Issues, Wills

Mutual Wills: Pros & Cons

Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP When deriving an estate plan, it can sometimes be difficult to balance the needs of one’s spouse or partner against the wish to benefit (and protect) the next generation. While perhaps less relevant or compelling when a couple is young or share the same children, the concern becomes more poignant when such spouse….

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Estate Administration and Probate Applications, Probate Tax, Uncategorized, Wills
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