Estate Administration

Total 505 Posts

To Validate or Not to Validate: That is the Question

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Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January 1, 2022, and the Court is satisfied that the document or will “sets out the testamentary intentions of a deceased”…..

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Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Should your executor be paid to attend your funeral?

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Scotiatrust

This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Estate trustees in Ontario are entitled to be compensated for their work in administering the estate. Understanding estate trustee (“executor”) compensation is important whether you are an executor or are considering who to appoint for your own estate.   In Ontario, non-professional executors generally calculate compensation by relying on the guideline of:  2.5% of income and….

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Compensation, Estate Administration, Executors, Family Conflict

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

BEHIND THE SCENES – A LEGAL ASSISTANT’S ROLE IN ESTATE PLANNING AND ADMINISTRATION FILES

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I’m confident that lawyers and clerks who work with assistants will agree: legal assistants are vital to the daily operations of a legal practice. There have been a number of blogs written about the day in the life of an estate planner or a law clerk working in estates. In today’s blog, I’ve invited my assistant, Sarah Whelan, to share insights into her role and highlight the key aspects of….

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Estate Administration, Estate Planning, Wills

What Stuff?

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Scotiatrust

This blog post was written by: Patricia Chartrand, Estate and Trust Consultant, Scotiatrust Vancouver Scandinavian death cleaning is the act of purging the superfluous and keeping the necessary in anticipation of your passing. The result is leaving the smallest physical footprint upon passing. It takes much less effort for your executors to distribute your life’s detritus as it was intentionally comprised only of things that had utility, a well-curated collection…..

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Estate Administration, Estate Planning

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
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