Executors

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Contract Law in Estate and Guardianship Litigation

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In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

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Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Articles and Personal Effects – Oversight for Wills

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Scotiatrust

This blog post was written by: Holly Van Schouwen, Estate and Trust Consultant, Scotiatrust Victoria It’s a sad time, A parent has passed on and the adult children are reviewing the Will.  One or more of the children are named to provide oversight in distribution of personal effects (articles).  This can become a contentious issue if there are strained relations within the family. Where there is no specific language around….

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Estate Administration, Estate Planning, Executors, Trustee Disputes, Wills

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

From Inventory to Distribution: Managing Household Items in an Estate

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Managing and distributing household contents in an estate can be a daunting task, filled with both emotional and practical challenges. In this blog, we’ll explore the essential steps and considerations for handling household items in an estate, from creating an inventory and appraising items, to distributing them among beneficiaries, to dealing with sentimental belongings. Whether you’re an estate….

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Estate Administration, Executors, Grief, Property

Estate Information Return – The New Online Process

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I was intrigued by this group chat that one of my colleagues sent last Friday: “FYI – Just saw this – Beginning March 3, 2025, you can file your Estate Information Return online using the Ministry of Finance’s online services webpage at https://www.services.fin.gov.on.ca/OTP/Gentax/_/. Effective February 26, 2025, you will no longer be able to use the fillable PDF form to file an Estate Information Return online. …” We tested the….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Is it a Handwritten Note or Will?

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This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Historically in Ontario, a Last Will and Testament was required to meet strict formal validity requirements to be considered valid. The requirements set out in the Succession Law Reform Act required a Will to be in writing and signed by the testator in the presence of two witnesses who also signed the document. There was a….

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Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, Testamentary Capacity, Wills
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