Trustee

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The “Surprise” Asset – What to Do When You Discover Estate Assets After Probate

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Even with careful record-gathering at the beginning of an estate administration, it is not uncommon for an estate trustee to later discover an additional asset. The estate trustee may think they have prepared a complete list of all the assets owned by the deceased as of the date of death. Then, after the Certificate of Appointment of Estate Trustee (probate grant) (the “Estate Certificate”) is issued, something else turns up…..

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

Key Findings Relating to the Exercise of Trustee Discretion

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A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized

New Form T1141 and T1142 Filing Requirements

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Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto About three years ago, at this time of year, I wrote about T1141s and T1142s: Don’t Forget the T1141s and T1142s! – All About Estates.  These forms have been updated for the 2025 and future taxation years.  Details of the new forms and requirements are provided on the government of Canada’s website: About Form T1141 – Canada.ca and About Form T1142….

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Canada Revenue Agency, Tax Issues, Trustee, Trusts

A Novel Approach to Locating Missing Heirs

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Much has been written on All About Estates about “missing” elements in an estate administration – missing assets, missing heirs, and even missing estate trustees. In the case of missing heirs, the executors have an obligation to take reasonable steps to locate the beneficiaries of the estate. Executors cannot simply distribute the estate to those beneficiaries who are easy to find, or assume that missing beneficiaries do not exist. While….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee

Estate Trustee Compensation

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Scotiatrust

Taking on the role of an estate trustee can be a difficult one. The tasks typically involve gathering in and managing assets, determining liabilities, and moving the administration of an estate forward until it is time to distribute the net assets to the beneficiaries. While there is a general principle that an estate should be wrapped up within 1 year (also known as the “executor’s year”), completing the administration of….

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Compensation, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Trustee, Trustee Compensation

Estate Freezes and a Spouse’s ILA

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Estate freezes can raise important questions—like whether the freezor’s spouse should seek independent legal advice (“ILA”). This blog unpacks why that recommendation matters. Estate Freeze Consider the following estate freeze, which intentionally is explained in a “bare bones” manner. A spouse (“Freezor”) is exchanging their common shares in a Canadian controlled private corporation (“Family Corp.”) for fixed value preference shares. A new discretionary family trust is settled for the benefit….

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Interest, Separation, Spouse, Succession Planning, Trustee, Trusts
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