Estate Administration

Total 518 Posts

The Hidden Work Behind a Probate Application

Does anyone know the current processing time for probate applications in                 ? Fill in the blank with the Ontario court location of your choice – it is a question that comes up frequently in our network of estates law clerks. So I was interested when I saw two recent articles in The Globe and Mail: “Even with a will, probate wait times can be all over the map” and….

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

U.S. “Clearance Certificate” & Executor’s Personal Liability

Umbrellas

Canadian advisors are often surprised to learn that a Canadian estate may have U.S. estate tax compliance obligations, even where the deceased was neither a U.S. citizen nor domiciled in the United States. Generally, if a Canadian resident dies owning U.S.-situs assets with a value exceeding US$60,000, the executor must file Form 706-NA. Whether U.S. estate tax is ultimately payable depends on the value of the U.S. assets, the size….

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Estate Administration, Executors, IRS, United States, US Taxes

Five Popular Posts This Summer

This is a selection of popular posts from All About Estates this summer. Estate Donation Regime at 10 Years Malcolm Burrows, Scotia Wealth Trust | June 18, 2026 Ten years ago, in 2016, the introduction of the Graduated Rate Estate (GRE) regime turned Canadian estate planning upside down.  The sidebar to the GRE rules were rules for “estate donations”. Choosing the Right Estate Trustee: When Poor Administration Comes at a….

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Elder Management, Estate Administration, Estate Litigation

Executor’s Personal Liability for an Estate’s Taxes

Scotiatrust

True personal anecdote A few years ago, I agreed to act as Estate Trustee During Litigation. I was appointed on a Wednesday. Late that Friday afternoon (just before a long weekend), I received a call from a Canada Revenue Agency collection officer. She advised me that the estate owed more than $1 million in taxes and warned that distributing estate assets before resolving the tax debt could expose me to….

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Estate Administration, Executors, Liability, Tax Issues

When a Liquidator Moves In: Conflict of Interest in Quebec Estate Administration

This post has been written by Pierre-Paul Persico, Partner, at Fasken LLP A liquidator who is also a beneficiary and continues occupying the deceased’s home does not, by itself, breach the duty owed to the estate. But the moment that occupation is formalized through a self-dealing transaction, made without beneficiary consultation or court authorization, the conflict becomes concrete and can, on its own, justify removal, regardless of whether other aspects….

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Courts, Estate Administration, Estate Litigation, Family Conflict

Buying Property Abroad? Consider these Estate Planning Issues First

This blog has been written by Pritika Deepak, Associate at Fasken LLP Many Canadians dream of owning property abroad and many already do. Whether it is a winter retreat in Florida, a villa in France, or a retirement home in Costa Rica, purchasing foreign real estate can be an exciting milestone. However, foreign property often introduces estate planning considerations that are overlooked until it is too late. Before completing the….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, International, Power of Attorney, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Testamentary Capacity, Uncategorized, Wills
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