Executors

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The Continuing Importance of the Presumption of Due Execution

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Where the evidence establishes that the testator executed the will in accordance with the requisite formalities (e.g., signed in the presence of two witnesses), a rebuttable presumption arises that the testator knew and approved the contents of the will…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Wills

Facts, Mistakes, and Probate

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Today’s blog was written by Christopher Cook, Student-At-Law at de VRIES LITIGATION LLP In some common law jurisdictions, there exists a fascinating (but rarely applied) legal doctrine called “patent mistake.” This doctrine applies in the context of applications for probate. When asked to probate a will, the court’s task is to determine whether the will in question really is the deceased’s last will and testament. Naturally, this inquiry requires the….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Fiduciary Professions, Succession Planning, Wills

HOW TO TRANSFER SHAREHOLDINGS HELD IN PAPER FORM OR THE DIRECT REGISTRATION SYSTEM WHEN ADMINISTERING AN ESTATE

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Going through the records of a deceased person is an important task for the executor and can be a huge undertaking, particularly when the individual held on to everything. Sometimes, a search of the deceased’s records reveals surprising new assets. What should an executor do when they discover evidence that the deceased held shareholdings in a public company in the form of share certificates? It has become less common to….

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Estate Administration, Estate Administration and Probate Applications, Executors, Investments

Atypical Asset Administration (Part 2)

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Welcome back! This is Part 2 of a two-part series on unusual assets and estate administration. For part one, please see my blog post here. Typical assets in an estate consist of real property, automobiles, corporations, investments, cash, jewellery and artwork. What I would call the “easy” stuff. But sometimes there are collections, specialized equipment, intangible assets….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

Cremation and the Burial or Scattering of Ashes – Things to Consider

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I am an avid reader and always learn something new, even when reading for pleasure. The novel I recently finished, Cold, Cold Bones, by Kathy Reichs was no exception. This is the paragraph that piqued my interest: “A woman in Mount Holly was struck by a falling object while wrapping burlap around shrubs in her yard. The object was a small sack. The woman opened the sack. Inside were charred….

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Estate Administration, Estate Planning, Executors, Funeral Planning, Wills

Executors: Beware of the Risks

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  An estate trustee, also known as an executor, is responsible for administering the estate of the deceased and carrying out the terms of the Will (or other testamentary documentation). The recent article by Rebecca Studin titled “Pass Your Accounts, or Risk Jail Time” led me to think about the consequences of acting (or failing to act)….

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Courts, Estate Litigation, Executors
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