Estate Administration

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The Cost of a Will

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This post was written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Specialists in estate planning recognize the value and importance of having a well-prepared estate plan. Many of my fellow authors have articulated the importance of a comprehensive will and estate plan. Those involved in estate administration have experienced the pitfalls of poor or non-existent planning.   Despite the many examples of estate’s gone awry – it can….

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Costs, Estate Administration, Estate Planning, Wills

Administering an Estate: A Marathon of Responsibilities

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We had a Zoom call with our adult children a few weekends ago. We talked about our son’s engagement, as our daughter hadn’t yet heard the details of how he had proposed. We also talked about our daughter’s recent 5K run at the Toronto Zoo and how it compared to the half marathon that our son had run a few years ago. This family discussion and a recent work discussion….

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

Automatic Vesting (Lazy Executors Hate This One Simple Trick!)

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An estate trustee is responsible for distributing the property of the deceased to those who are beneficially entitled to it (either in accordance with the terms of the relevant testamentary instrument or, where there is no such instrument, in accordance with the rules set out in the relevant legislation). What happens when an estate trustee ‘forgets’ to distribute some of the deceased’s property? In Ontario, Section 9 of the Estates….

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Estate Administration, Property

Firearms, Wills, Estates, and the impact of Bill C-21

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Bill C-21- An Act to amend certain Acts and to make certain consequential amendments (firearms)   This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Estates practitioners should be aware that Bill C-21, the controversial legislation which imposes strict gun control provisions Canada-wide, received Royal Assent and became law on December 15, 2023.  Bill C-21 amends several federal statutes, including, inter alia, the Criminal Code of….

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Estate Administration, Estate Planning, Executors, Uncategorized, Wills

Got Tenants? Tenants in Estates

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Alicia Mossington, Estate and Trust Consultant Executors have many responsibilities: paying debts; taxes; testamentary expenses; and managing estate assets. Different assets come with different responsibilities and rules and some assets – like rental properties – have unique complexities to manage. It is common for estates to include rental properties especially given the real estate market in Ontario over the past decade. When managing occupied property, the executor must balance their….

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Estate Administration, Real Estate

Is a Foster Child Entitled to Take Under an Intestacy?

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In Estate of Sydney Monteith v. Monteith, the court declined to award a share of the Deceased’s estate to his foster sister. Sydney (the “Deceased”) died on March 16, 2022. He left no Will. He had no spouse or issue and was predeceased by both his adoptive parents. Pursuant to s.47(4) of the Succession Law Reform Act (“SLRA”), Sydney’s estate would be distributed equally among his surviving siblings and/or the….

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Estate Administration
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