Executors

Total 345 Posts

Simplifying Estate Vehicle Transfers in Ontario: What You Need to Know

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. When administering an estate, certain assets frequently come into play: bank accounts, a home, and often, at least one personal vehicle. While a Will typically outlines the transfer of a vehicle to a specific beneficiary, there are instances where the vehicle becomes part of the estate’s residue. There is a wealth of information available online about this topic,….

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Costs, Estate Administration, Executors, Property

The Interpretation of Wills

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Tangled Ropes Photo by Malcolm Burrows

Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each of the respondents (children of the deceased). Paragraphs 4(e) and (f) of the deceased’s November 3, 2022 last will and….

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Estate Litigation, Executors, Family Conflict, Uncategorized, Wills

Shareholder Loan on Death

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There are several ways to extract funds from a business; salary, dividend, bonus or a shareholder loan. When a shareholder withdraws corporate funds by way of a shareholder loan, it will be recorded in the business financial statements and comes with tax implications to the shareholder.  This is because, a shareholder loan that is outstanding for more than one (1) tax year from the end of the tax year in….

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Estate Administration, Estate Planning, Executors, Loans, Tax Issues

Contempt and Custodial Sentences

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A storm approaches. The vista of mountains and a man standing upon a mountain that the storm has not yet reached.

On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these terms will be used interchangeably) for civil contempt…..

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Courts, Estate Litigation, Executors, Fiduciary Professions, Liability, Trustee

When a Parent Asks You to Be Their Executor

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Today’s blog has been guest written by Musa Mansuar, Articling Student at Fasken LLP It’s a profound moment when a parent asks you to be the executor of their estate. For many, it’s a conversation that carries both honour and gravity. On one hand, being chosen signals immense trust and confidence; on the other, it signifies a weighty responsibility. Executors play a vital role in ensuring a loved one’s final….

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Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Grief, Trustee, Wills

Because Lawyers Die Too: The Need for Mandatory Contingency Planning

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Death will affect every one of us, ultimately. Incapacity may impact us. The inevitability of death and the possibility of incapacity makes planning essential. Failure to plan is planning to fail. This inevitability is behind recent Law Society of Ontario (“LSO”) By-law amendments that require lawyers in private practice to develop and maintain a client contingency plan for preserving, carrying on or winding up their professional businesses. The requirement comes….

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Estate Planning, Executors, Interest
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