Trustee

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The Importance of Choosing the Right Trustee: Lessons from Jones v. Jones

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Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls involved in trust administration. This case underscores the importance of choosing a trustee who is not only knowledgeable and capable….

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Estate Planning, Family Conflict, Trustee, Trustee Disputes, Trusts, Wills

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

When Inheritance Divides: The Strain of Sibling Disputes Over Estate Debts

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This blog post was written by Mohena Singh, Associate at Fasken LLP. An important question a person has to answer when planning their estate is, “who will be the estate trustee?” Sometimes this decision is taken lightly or a person may gravitate towards an obvious answer – “my spouse” or “my children”. What may seem like an easy decision can become costly and delay the administration of the estate if….

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Estate Administration, Family Conflict, Trustee, Trustee Disputes

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

Case Comment: Huang v. Nie, 2024 ONSC 2398

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As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee will deliver accounts to beneficiaries to demonstrate what funds have come into the estate, and what funds have been paid….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Uncategorized
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