Wills

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Dude, Where’s My Car? – How to Transfer the Ownership of a Deceased Person’s Vehicle to a Beneficiary in Ontario

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More often than not, we come across the following question from an Executor: How do I transfer the ownership of the deceased’s vehicle where the deceased specifically named a beneficiary in the Will? This seems like a fairly simple process but as I’ve learned over time, nothing is as simple as it seems. This can be a time consuming and frustrating process for the Executor. Please note that for the….

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Estate Administration, Estate Planning, Executors, Wills

Wills and Marriage: Should they go together like a horse and carriage?

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management Recently, the Ontario government announced changes to some important areas of estate law. One of these changes, which I would like to touch on, is a change to the rules which govern wills and marriages. Under the current rules, if you were to get married tomorrow, your will would be automatically revoked unless it is….

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Estate Planning, In the News, Wills

Big New Rules for Small Estates

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The law in Canada is not static – it evolves and changes to meet our society’s needs through incremental changes to the common law (i.e. the application and interpretation of the law through the courts) and through legislative changes. One recent change to Ontario’s laws was made through the Smarter and Stronger Justice Act, 2020 (the “Act”). The purpose of the Act is to make it easier, faster and more….

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

Removal of Executor/Estate Trustee for Perceived Conflict of Interest

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Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly interfere with a testator’s choice of executor/estate trustee.  When the court is asked to remove an executor/estate trustee, it will….

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Estate Administration, Estate Litigation, Executors, Trustee, Trustee Disputes, Wills

Section 16(b) of the Succession Law Reform Act: A Different Kind of Spousal Election

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In Ontario, s. 15 of the Succession Law Reform Act (the “SLRA”) provides that a Will is revoked by a subsequent marriage of the testator. Practitioners who are meeting with a client in the weeks leading up to his or her marriage will often prepare a Will that contains a statement that the Will was made “in contemplation of the marriage”, which will ‘save’ the Will from revocation by the….

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Estate Planning, Wills

You’ve Got Mail – Part Three

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In my final blog post of my three part series [link to Part one and Part two], I’ll look at what to consider when a parent or guardian is notified that their minor child has an interest in an estate. Such interest, as discussed in my other blogs, may be a legacy (i.e. specific gifts of personal property or cash gifts) or an interest in the residue of the estate…..

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Estate Planning, Family Conflict, Wills
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