Extravagant Funeral or Frugal Tombstone?: How Lifestyle Follows You To The Grave
Just how extravagant should a deceased person`s funeral and final resting place be? This issue repeatedly surfaces each time the cycle of life brings death within our midst. Despite the existence of some fundamental rules of law, there are some twists and turns that unfold from time to time… First, the executor of the deceased`s […]
Death Cafés: Embracing Our Mortality
Death Chatter. What an interesting concept! Although I work in the death industry, I hadn’t really considered whether there are other people who may enjoy or even be fascinated by the concept of death as I am. A friend once told me that I like to talk about death too much. I guess she is […]
Securing the Estate Trustee
In some situations, when a party applies to the Court to be granted a certificate of appointment of estate trustee (also known as probate) and, thereby, be formally appointed as Estate Trustee (also called executor), they must provide an administration bond of indemnity with the application. This essentially means that the proposed estate trustee has […]
When Foreign Owners of Ontario Assets Die
It is becoming increasingly common for many residents of foreign jurisdictions to own assets in Canada and specifically in Ontario. Unfortunately, many people do not consider the implications of foreign ownership on death. If a non-resident of Ontario who is resident in another part of Canada, the United Kingdom or a British colony, dies while […]
Estate Trustee Misconduct: Part II
In my last blog article, I discussed different remedies that may be available to concerned parties whose interests are being comprised by the action or inaction of an estate trustee(s). Specifically, I looked at what steps can be taken when: an appointed or proposed estate trustee refuses to accept the role; a person who may […]
Estate Trustee Misconduct: Part I
If the estate trustee conducts himself in such a manner that the persons having a financial interest in the estate lose all confidence in him as estate trustee, they may seek to have him removed. Persons considered to have a financial interest include creditors, beneficiaries and, if a will is being challenged, persons who would […]
Automatic Ownership of Real Property After Three Years
When a deceased’s estate includes real estate, it is important to know the rule regarding automatic vesting (ownership) outlined in relevant legislation. The rule essentially states that real estate owned by the deceased that is not transferred within three years after death automatically becomes owned by the beneficiary or beneficiaries. This automatic ownership means the […]
Dealing With Loans Owed to the Deceased
From time to time, parents transfer money to their children to help them with their education, to buy a house or start a business, for example. Unfortunately, depending on their family structure and dynamics, as well as their estate planning objectives, there are some implications and decisions they should make at the time they agree […]
Variation of Trusts
From time to time, changes to the terms of trusts are sought for a variety of reasons, including, but not limited to: Economic or Non-Economic Benefits In Finnell v. Schumacher Estate (1990) 74 O.R. (2d) 583, the Court agreed that a variation to save tax made good sense and should be encouraged by trustees acting […]
Determining Whether Probate Is Necessary
Probate is the process by which a Court confirms the validity of a will or appoints an Estate Trustee to administer an estate where an individual died without leaving a will. It is an old term no longer accurately used in Ontario (though you will likely still hear it from time to time) but still […]