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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 […]

Avoiding Liability for Estate Debt

There are many debts that the deceased can leave behind. It is part of the estate trustee’s responsibility to ensure that these debts are paid from the assets of the estate. These debts can take the form of funeral expenses, mortgages, credit card or bank loans or taxes, for example. When the assets from the […]

How Thick Is Your Blood?

Ontario statute dictates that if a person dies without a will (intestate), their surviving spouse, issue, parent, sibling, or niece or nephew should inherit the net estate in that order of priority.  Where none of these relatives survive, the estate is distributed according to the table of consanguinity or bloodlines.  This table designates progressively distant […]

Your Right to Use Someone’s Real Estate

The Ontario Court of Appeal recently decided a case about one party’s right to use another party’s real property (“real estate” as it is more commonly called): 1043 Bloor Inc. v. 1714104 Ontario Inc., 2013 ONCA 91 (CanLII).  The case surrounded the doctrine of prescriptive easements.  An easement is an interest in land that is […]

Discussing Your Estate Plan With Your Family

Talking to your family about what you want to happen at your death may make you feel squeamish for many reasons.  In fact, it’s a taboo subject for many people, including for the following reasons: Contemplating one’s own mortality can be difficult and upsetting. Some families simply practice or rather, avoid, talking about financial issues […]

Can You Be Trusted to Keep A Secret?

Secret trusts are an interesting and strange animal indeed!  Under common law, it is a form of trust effective on death but which does not actually appear in the will.  It may or may not be in writing and usually involves a gift to a person in the will with a statement to that person, […]