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Obtaining Administration Bonds Versus Dispensing with Administration Bonds

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An administration bond is a promise to the court, with a surety, that the executor of an estate will be honest in performing his/her duties in the administration of the estate and in distributing the property of the estate to the beneficiaries. It protects the beneficiaries and creditors of the estate in the event of an improper administration of the assets of the estate. Under the Estates Act, R.S. O…..

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Guardianship Decisions – The Sequel

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This Blog was written by: Natalie Rouse Last week I wrote about some basic matters to consider when appointing someone as a child’s guardian. The person named as a guardian in a will must have that appointment confirmed in court. Courts are more likely to accept the appointment of a parent as guardian versus a non-parent. However, if there’s no suitable other parent, or in the case where both parents….

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Estate Planning, Guardianship, Uncategorized

Dismal Results for Dreadful Estate Trustee

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A recent case of the Ontario Superior Court (Silva et. al v. Silva (Estate of)) demonstrates the wide remedies available to beneficiaries whose interests have been prejudiced by the misconduct of an estate trustee. Jose Lima Silva died without a will on June 24, 2015. He was survived by 5 children and appointed one of his sons, the respondent, as the estate trustee of his estate. The other four adult….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Uncategorized

Multiple Wills: Part 4

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In my last blog on multiple wills for probate planning I began a discussion of some considerations when defining the classes of assets that fall into the “non-probate” will (which I refer to as the “Secondary Will”) and the “probate” will (which I refer to as the “Primary Will”). I left off with the point that if a person has assets that could normally be dealt with under a Secondary….

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And the Oscar goes to………..

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This Blog was written by : Natalie Rouse   The 2017 Oscars are just around the corner and last year’s drama “Manchester By the Sea”, starring Casey Affleck and Michelle Williams, is sitting pretty. It has been nominated for a whopping 6 awards. It also recently won the Golden Globe for Best Actor, and was nominated in 4 other categories. The movie tells the story of Joe, who is a….

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Estate Planning, Guardianship, Uncategorized, Wills

Testamentary Letters of Wishes – Part 1

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The disposition of a loved one’s personal and household items can be a source of disagreement and upset among family members during an already emotional time. There is much that the estate planner and his or her client can do to minimize any discord that might arise during this process. A powerful planning tool in this regard can be a letter of wishes. A letter of wishes appeals to many….

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