Estate Administration and Probate Applications

Total 139 Posts

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

Is it a Handwritten Note or Will?

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This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Historically in Ontario, a Last Will and Testament was required to meet strict formal validity requirements to be considered valid. The requirements set out in the Succession Law Reform Act required a Will to be in writing and signed by the testator in the presence of two witnesses who also signed the document. There was a….

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Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, Testamentary Capacity, Wills

Executor on the Case: Becoming a Detective for Missing Assets

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Much has been written on All About Estates on the topic of missing heirs – how to find them, and what to do if you can’t. But what happens if you have missing assets? Perhaps you’ve been appointed as an executor of an estate where you have very little information about the deceased’s assets. Or maybe you have an understanding that there’s a bank account at one of the big….

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