Wills

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Today’s Executor is a Digital Executor

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Today’s Executor is a Digital Executor The estates and trusts world has taken notice of the importance of digital assets—there is no question about that. Now that we know that an individual’s digital assets are something that advisors and clients alike need to consider for every estate planning matter, the estates and trusts industry as a whole needs to start to thinking about how to best plan for those digital….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Property, Succession Planning, Trustee, Wills

The Role of the PGT – When, Why and How?

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While estate lawyers are often presented with files that impact upon the rights of an incapable person, it is important to understand when, why and how the Public Guardian and Trustee (the “PGT”) becomes involved with such disputes. As noted on its website, and in general, the PGT acts as litigation guardian of last resort for parties under legal disability involved in civil litigation (and as a legal representative of….

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Estate Litigation, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

No plan is usually not the best plan

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When faced with making decisions, doing nothing is an option and for some decisions that could be the most viable option. However, In the world of estate planning, doing nothing rarely turns out to be a good idea. We can all point to an example of executing a deceased’s estate gone wrong.  Most times a disastrous estate situation could have been avoided or mitigated if the deceased would have done….

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Estate Planning, Wills

A Royal Estate

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  Prince Philip, Duke of Edinburgh was born on June 10th, 1921 and passed away on April 9th 2021, at the age of 99. The Duke was born Prince Philip of Greece and Denmark but abandoned these titles and styles, becoming a naturalized British subject before his engagement to Elizabeth (as she then was). Philip had four….

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Estate Planning, In the News, International, Wills

Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee

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In the blog posted by Maureen Berry on October 9, 2020, my fellow clerks and I wrote about the welcome changes that were introduced that would allow for applications for certificates of appointment of estate trustee (the “Probate Application”) to be filed electronically.  It has now been six months since this change was introduced and I thought I might provide my thoughts on the process. As a reminder, effective October….

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Estate Administration, Estate Administration and Probate Applications, Executors, Wills

Where There’s a Will, There’s a Way

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Can a suicide note be a valid holograph will? Maybe, and it depends upon where you live. The Ontario case of McGrath v. Joy, which decision was released at the end of 2020, dealt with whether a suicide note was a valid holograph will. My colleague, Rebecca Studin, recently blogged about the case, where it was found that the suicide note was not a valid holograph will. The judge commented,….

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Estate Litigation, Estate Planning, Wills
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