Estate Administration and Probate Applications

Total 138 Posts

ETDL Appointments Are Not Automatic

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In the recent decision of Zarrin–Mehr v. Shokrai, 2024 ONSC 6319, the court considered whether the circumstances warranted the appointment of an estate trustee during litigation. Facts Sadollah Zarrinmerh, died on November 15, 2020. He was survived by his wife, Soraya Shokrai, and two children, Mehdi Zarrin-Mehr, his son from a previous marriage, and Maral Zarrin-Mehr, his daughter with Soraya. Soraya originally believed the deceased had died intestate, and so….

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Estate Administration and Probate Applications

The International Estate Plan

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A Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will can be used to handle foreign assets (or the other way around) through ancillary probate processes however, this can be….

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Estate Administration and Probate Applications, Estate Planning, Executors

Of Books and Beneficiaries

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. A Season of Beginnings, Endings, and Books As the leaves change and the weather cools, I imagine curling up in a cozy spot with a hot beverage and a new book. Autumn is when we salute the end of summer and greet a crisp new season. For some, this time marks a new year and a new….

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

A Will of Its Own: Additional Wills for Unusual Assets

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Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of Estate Trustee (formerly “probate”), and a Secondary Will that deals with assets that can be distributed without the requirement of….

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Business Succession Planning, Estate Administration and Probate Applications, Estate Planning, Wills

Lam v Law Estate: Gender bias permits variation of discriminatory will

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Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

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Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills

A Revisit of Benjamin Orders

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When I was in private practice, I almost applied for a Benjamin order on an estate file until I was saved by the Registrar’s record that the sole heir had in fact predeceased the deceased.  The result was one that ended well since the sole niece who had spent a great deal of time and effort caring for the deceased ended up inheriting the entire estate. A Benjamin order comes from Benjamin,….

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Estate Administration, Estate Administration and Probate Applications
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