Executors

Total 345 Posts

From Estate to Heir: Who Foots the Bill for Shipping Expenses?

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One of the main duties of an executor is to distribute the assets of an estate according to the terms of the Will. Typically, it is easy to pay a cash legacy to a beneficiary or to deliver a specific bequest if the beneficiary lives nearby. But what happens if you have to send large pieces of furniture, an expensive art collection, or a prized collector car to a beneficiary….

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Estate Administration, Estate Planning, Executors, Trustee, Wills

Removing and Replacing An Incapable Estate Trustee

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Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of Succeeding Estate Trustee with a Will under Rule 74.06 of the Rules of Civil Procedure in the circumstance where the….

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

YOU ARE HIRED…WAIT, DID I EVEN APPLY?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken Martineau DuMoulin LLP No, you likely did not. Most people don’t apply to become an executor of an estate. An executor is responsible for administering the estate of a deceased person from the date of death until all debts are paid and all assets of the estate are realized and distributed in accordance with the terms of the….

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Estate Administration, Estate Planning, Executors, Wills

The Next Succession? Lessons from a family estate gone wrong…

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Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….

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Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills

There’s a New Form for That – Form 74G Renunciation and Consent

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It seems as though the estate court forms and court rules are always changing. It is important to be aware of these changes when filing probate applications in Ontario. Today’s blog will explore the new Form 74G Renunciation and Consent, and provide some practical tips and considerations to help navigate this recently introduced form. Form 74G Renunciation and Consent As of April 1, 2024, new Form 74G Renunciation and Consent….

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

Estate & GST/HST Clearance Certificate

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Section 270 of the Excise Tax Act (the “ETA”) requires a legal representative of an estate to apply for a GST/HST clearance certificate. This is to obtain confirmation that all outstanding GST/HST owing has been paid and satisfied prior to the final distribution of the deceased’s assets. Indeed, if the deceased was a GST/HST registrant (as an example, was operating a sole proprietorship at the time of death) and had….

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Estate Administration, Estate Planning, Executors, Tax Issues, Trustee
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