All About Estates

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Total 610 Posts

A Tale of Two Limitation Periods

In Ingram v. Kulynych Estate, 2024 ONCA 678, the Court of Appeal for Ontario considered the appropriate limitation period where two different limitation periods were applicable and apparently in conflict in relation to a claim against an estate. Background Henry Kulynych died in February 2017. In his Will, Mr. Kulynych…

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Jointing family assets to avoid probate: Is it still that simple?

Douglas Buchmayer, Gowling WLG (Canada) LLP As many of you will be aware, probate is the process by which the Will of a deceased person is submitted to the Court for verification. A tax under the Estate Administration Tax Act of Ontario (formerly known as “probate fees”) of 1.5% is…

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If I were administering Taylor Swift’s Estate

If I were administering Taylor Swift’s estate, I would have to continuously monitor her trademarked lyrics “This sick beat”, “Party like it’s 1989” and “Cause we never go out of style”, amongst others.  Generally, artistic works involve copyright to protect it from being used and sold by others.  But, as…

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Case Comment: Huang v. Nie, 2024 ONSC 2398

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…

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Arthritis Awareness and Planning Considerations

Arthritis is not part of the normal ageing process and can steal one’s mobility, independence, and freedom to enjoy life without chronic pain. It is also Canada’s leading cause of disability and workplace limitations. Since September is Arthritis Awareness Month in Canada, I thought readers would be interested in learning…

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Refresher On Dealing With Foreign Grants In Ontario

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://www.allaboutestates.ca/probate-becomes-international-affair/) and today’s blog is a refresher on the…

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Equalization and Vesting: An Uncommon Combination

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…

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Charities have Fiduciary Duties as Estate Beneficiaries

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…

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

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…

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The Government of Ontario on Mental Capacity

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…

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