Estate Administration and Probate Applications

Total 135 Posts

Valuing Sentimental Property in Estate Litigation

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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

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  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

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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

Can insurers insist on probate to release life insurance funds?

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Written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP An insurer should not necessarily require a probated Will to release the proceeds of a life insurance policy. Section 203 of the Insurance Act[1] sets out that upon receipt of “sufficient evidence”, an insurance company should pay the insurance money to the person entitled thereto, and within thirty days of receiving the evidence: 203 (1) Where an….

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Estate Administration, Estate Administration and Probate Applications, Insurance

Estate Administration and China

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This article discusses, at a high-level, estate administration in China and some considerations when someone inherit assets located in China. As mentioned in my previous article, planning for cross-border estate administration with China is complex thus, I must admit the information is general in nature and based on my personal experience. China’s Estate Administration When it comes to estate administration involving moveable or immovable property in China, one can assume….

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China, Estate Administration, Estate Administration and Probate Applications, Estate Planning, International

Estate Information Return – The New Online Process

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I was intrigued by this group chat that one of my colleagues sent last Friday: “FYI – Just saw this – Beginning March 3, 2025, you can file your Estate Information Return online using the Ministry of Finance’s online services webpage at https://www.services.fin.gov.on.ca/OTP/Gentax/_/. Effective February 26, 2025, you will no longer be able to use the fillable PDF form to file an Estate Information Return online. …” We tested the….

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