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A bench placed on the grass across the river

January 24, 2010 0Comments

An Estate with no Executor?

During the estate planning process, many important decisions must be made. Although most people focus on who will get their estate, another important decision is who to appoint as executor (also referred to in Ontario as an ‘estate trustee’). Both a primary (your first choice) and one or more alternate executors should be named in case the first choice is unable to do the job. A recent and interesting article by Susan Hughes, entitled “No executor required” published in the November/December 2009 issue of the Canadian Lawyer, shows just how important this choice can be.
Hughes reviews a recent Ontario case, Evans v. Gondor, in which a most interesting situation arose. At their request, the court removed the executors who had been named in the deceased’s Will. The executors, the deceased’s sister and brother-in-law, no longer wished to act and there was no replacement named. This left the estate without an executor.

January 14, 2010 0Comments

Avoiding Probate Fees on Insurance Proceeds

If the deceased named a beneficiary on a life insurance policy on the deceased’s life, the surviving beneficiary receives the proceeds directly. The insurance proceeds are not included in the value of the estate for purposes of calculating probate fees. However, if the beneficiary has predeceased and no contingent beneficiary has been named, the insurance proceeds are payable to the estate and are included in the value of the estate for probate purposes.

January 7, 2010 0Comments

When a Child Inherits (Part 2 of 2)

If there is no trust in the Will, an executor may wish to pay the child’s inheritance into Court. By doing so, the executor is discharged from further responsibility to the extent of the amount paid into Court. …

December 18, 2009 0Comments

Everything You Wanted to Know About Probate

What Is Probate?

Probate is the process of legally establishing the validity of a will. As a result, the Court confirms the appointment of an Estate Trustee (or Executor). The Estate Trustee administers and distributes the estate of the deceased person. An Estate Trustee may be appointed with or without a Will. If there is a Will, the Court issues a Certificate of Estate Trustee with a Will. If there is no Will, the Court issues a Certificate of Estate Trustee Without a Will and the estate is distributed according to Ontario’s intestacy laws. When a person dies without a Will, they are said to have died “intestate”.

When Is Probate Needed?

November 24, 2009 0Comments

When a Child Inherits (Part 1 of 2)

If you are the parent of a child under 18 (referred to as a ‘minor’), you may wonder what happens if your child inherits. There are a number of ways that a child may inherit:

the child could be named as a beneficiary in a Will;
the child could inherit from a relative who dies without a Will (referred to as ‘dying intestate’) if the child is one of the legal beneficiaries under the intestacy laws of Ontario; or,
the child could be named as a beneficiary of a life insurance policy or any other asset where a beneficiary can be named, such as a segregated fund, an RRSP/RRIF, or death benefit.

October 28, 2009 0Comments

Power of Attorney Document Signed Outside Ontario — Now What?

Question

A few years ago while living in British Columbia, my mother signed a Power of Attorney in which she named me to look after her financial affairs if she could not do so. She recently moved to Ontario and then had a stroke. She is now mentally incapable. Her doctor says it is unlikely that she will recover her mental capacity. My mother’s care costs have gone up and her funds are running low. I need to cash in some of her investments to pay for her care but my mother’s bank refuses to recognize the Power of Attorney document that my mother signed in British Columbia. They say that since it was signed outside of Ontario, they do not consider it valid. What do I do?

Answer

If your mother was living in British Columbia at the time that she signed the Power of Attorney and if the signing of that document was carried out in a way that fully complied with the laws of British Columbia, it should be valid in Ontario as set out in section 85(1) of Ontario’ s Substitute Decisions Act.

October 23, 2009 0Comments

Part 2: Who Cares for a Young Child if Both Parents Die?

Part 2 of 2
Many parents, whether biological or adoptive, are surprised to learn that they do not have the right to name a permanent custodian of minor children. Ontario law gives the court a supervisory role over all custodian appointments and such appointments are based upon what the court considers to be the best interests of the child.

October 18, 2009 0Comments

Part 1: Who Cares for a Young Child if Both Parents Die?

This is Part 1 of a 2-part blog
Although not a subject many parents like to think about, parents of a minor child (under the age of 18) should consider who will look after their child if both parents die. This is a decision often debated and agonized over but, all too often, ignored. Hopefully, the information provided in this 2-part blog will help you make an informed decision and will encourage you to put that decision in writing.

October 9, 2009 0Comments

What Happens if I Own Foreign Real Property at my Death?

If you own a vacation or investment property outside Canada, review with your lawyer how best to ensure that costs and complications to your estate are minimized. Although many jurisdictions will recognize a Will drafted and signed in Canada, some will not. Even if the Will is recognized, the legal system of another jurisdiction may differ from Canada’s and could result in an unexpected distribution.

September 15, 2009 0Comments

If something happens to you, will anyone have the passwords for your computer, email, online accounts and other essential information?

In our experience with wills and estates, we know that most people don’t consider this question but should. When we assist an executor or personal representative, we frequently find that no one knows the computer and other passwords that would allow access to important information.

An Estate with no Executor?

Avoiding Probate Fees on Insurance Proceeds

When a Child Inherits (Part 2 of 2)

Everything You Wanted to Know About Probate

What Is Probate?

When Is Probate Needed?

When a Child Inherits (Part 1 of 2)

Power of Attorney Document Signed Outside Ontario — Now What?

Question

Answer

Part 2: Who Cares for a Young Child if Both Parents Die?

Part 1: Who Cares for a Young Child if Both Parents Die?

What Happens if I Own Foreign Real Property at my Death?

If something happens to you, will anyone have the passwords for your computer, email, online accounts and other essential information?

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