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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

Refresher On Dealing With Foreign Grants In Ontario

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Quite often, we are contacted by law firms in foreign jurisdictions requesting assistance in resealing or confirming a foreign grant in Ontario to deal with assets located in Ontario. My colleague Emily Hubling and I reviewed this topic back in 2019 (https://allaboutestates.ca/probate-becomes-international-affair/) and today’s blog is a refresher on the process of resealing or confirming a foreign grant, taking into account changes to the forms and court processes that have….

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Estate Administration, International, Uncategorized

Equalization and Vesting: An Uncommon Combination

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In Leith v Eccles, 2024 ONSC 4769, the applicant, Linda, brought a motion to receive an equalization payment from the estate of her late husband, William (the “Estate”). Linda wanted to apply the equalization payment towards the purchase of the matrimonial home she had lived in with William for many years, but which now belonged to the Estate. While Linda was entitled to receive an equalization payment from the Estate,….

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Charities have Fiduciary Duties as Estate Beneficiaries

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I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property

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This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust.   A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named attorney or attorneys typically have a broad scope of power and under section 7(2) of the Substitute Decisions Act (the….

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Estate Planning, Power of Attorney, Property, Uncategorized

The Government of Ontario on Mental Capacity

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The Government of Ontario has a website specifically dedicated to issues concerning and relating to mental capacity (the “Website”). The Website is a place where individuals can learn more regarding mental capacity, how it is evaluated, who evaluates it, and how to appeal a finding of incapacity. Of course, these are the types of issues which are often engaged in the world of estate litigation. The Website links readers to….

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