Estate Administration

Total 497 Posts

Removal of Estate Trustees Upheld by Ontario Court of Appeal

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In MacBeth Estate v. MacBeth, 2025 ONCA 360 CanLII (“MacBeth Estate”) the lower court’s decision was affirmed by the Ontario Court of Appeal. The appellants appealed the lower court’s decision on the basis that the motion judge (i) erred in denying the appellants an adjournment; (ii) erred in removing them as estate trustees; and (iii) erred in permitting a holdback of only $50,000 (the estate trustees argued for a much….

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Costs, Estate Administration

The Rising Cost of Not Living and the CPP Death Benefit

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. On January 1, 2025, amendments to the Canada Pension Plan (CPP) Death Benefit came into effect, introducing a top-up for eligible deceased individuals. While this reform is long-overdue, the net benefit overall for most individuals still fails to cover the costs of even the most basic death expenses in 2025. The majority of Canadians will continue to….

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Estate Administration, Estate Planning, Executors

Brown paper packages tied up with strings…

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This blog post was written by Jihan Hosein, Estate and Trust Consultant, Scotiatrust Northern Prairies These are a few of my favourite things… what we can learn from the famous Sound of Music song? A bowl of plastic fruit on grandma’s kitchen counter, may seem inconsequential to some- but to others it’s a powerful reminder of shared moments and family history. While it may not carry significant monetary value, the….

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Estate Administration, Family Conflict, Trustee Disputes

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

Modern Families: Children and Issue in Jay Pritchett’s Will

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  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. In my last blog post “Modern Families: References to Children and Issue in Wills – All About Estates”, I discussed the meaning of “children” and “issue” for the purpose of determining the beneficiaries of an estate where a Will refers to such classes of beneficiaries. I applied the applicable Ontario legislation to some of the characters from….

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Estate Administration, Estate Planning, Family Conflict, Wills
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