BLOG
Can an Executor Be Paid in Ontario? Understanding Compensation and Disputes
Can an Executor Be Paid in Ontario? Taking on the role of executor is a big responsibility. Executors often ask: can I be paid for this work? In Ontario, the answer is yes. Executors are entitled to compensation for the time, effort, and risk involved in...
Who Can Be Estate Trustee Without a Will in Ontario?
When someone passes away without leaving a will, they’re considered to have died intestate. That means there’s no executor named - so, who takes charge? In Ontario, the court appoints someone to administer the estate, and that person is called an Estate Trustee...
Top 5 Mistakes Executors Make in Ontario (and How to Avoid Them)
Appointed to manage the estate of a loved one, an executor in Ontario has both authority and legal duty — and with that comes potential risk. Acting without proper guidance can expose an executor to delays, disputes, or even personal liability. At Kimel Law Group, we...
What Is an ETDL and When Is It Needed in Ontario Estate Litigation?
In contested estate matters, time doesn’t stand still just because a legal dispute is unfolding. Assets may need protection, bills must be paid, tax filings are due — yet no one may have legal authority to act. That’s where an Estate Trustee During Litigation (ETDL)...
Beyond Probate: Do Estate Trustees Need to Disclose Assets That Pass Outside the Estate?
In Ontario, it is common for individuals to arrange their affairs so that certain assets pass outside of probate. These can include jointly held property, insurance policies, RRSPs, TFSAs, and other assets with named beneficiaries. While these tools can simplify...
When Estate Trustees Get It Wrong: Personal Liability and the Cost of Poor Decision-Making
Acting as an estate trustee is a serious responsibility - and Ontario courts are increasingly willing to hold trustees personally accountable when they fail to uphold their fiduciary duties. In some cases, trustees have been removed from their role or ordered to...
Can a Beneficiary Force the Sale of Estate Property in Ontario?
In Ontario estate litigation, one of the most contentious issues beneficiaries face is what to do with real estate held in the estate — particularly when they don’t agree. Whether it’s the family home, a cottage, or an investment property, conflicts often arise when...
How Long Does an Executor Have to Distribute an Estate in Ontario?
One of the most common questions we hear from beneficiaries is: “Why is this taking so long?” Estate administration in Ontario can be a complex process, and while there is no fixed deadline by law, executors are expected to move at a reasonable pace. If you’re an...
When Delay Becomes Dereliction – A Cautionary Tale from Hockney v. Kneeland
Administering an estate isn’t a suggestion — it’s a legal obligation. And when a trustee fails to fulfill that obligation, the court has no issue stepping in. The Ontario Superior Court’s decision in Hockney v. Kneeland, 2025 ONSC 1309, makes it clear: executors who...
Can a Handwritten Will Be Valid in Ontario? What You Need to Know
Handwritten wills, also known as holograph wills, often surface when someone passes away unexpectedly or without formal legal assistance. While these wills may appear informal or incomplete, Ontario law does recognize them—under certain conditions. At Kimel Law Group,...
What Happens If an Executor Refuses to Act? Estate Administration Challenges in Ontario
When someone is named as an executor in a will, they have the legal responsibility to manage and distribute the estate according to the deceased’s wishes. However, not all executors are willing or able to fulfill this role. Whether due to personal reasons, conflicts,...
The Ontario Court of Appeal Reinforces Principles for Estate Trustee Removal: Kasanda v. Sartarelli, 2025 ONCA 27
The Ontario Court of Appeal’s recent decision in Kasanda v. Sartarelli, 2025 ONCA 27 reinforces key legal principles governing estate trustee removal in Ontario. This case reaffirms that the welfare of the beneficiaries and the proper administration of the estate...
The Role of Mediation in Estate Disputes: Can You Avoid Court?
Estate disputes can be highly emotional, often pitting family members against each other over inheritance rights, will challenges, or the actions of an executor. While litigation is one way to resolve these conflicts, it is often costly, time-consuming, and stressful...
Dying Without a Will: The Consequences and Why Half of Canadians Need to Act Now
For many Canadians, estate planning feels like a task to put off for another day. Shockingly, over half of Canadians do not have a will, leaving their loved ones vulnerable to unnecessary legal and emotional challenges. At Kimel Law Group, we often see the unfortunate...
Understanding the Vital Role of a Probate Certificate
In the intricate landscape of estate planning and administration in Ontario, one crucial document holds significant sway: the Probate Certificate. For those uninitiated in legal jargon, the term might sound daunting. However, understanding its importance is paramount...
The Impact of Family Dynamics on Estate Litigation in Ontario
In the realm of estate planning and litigation, family dynamics play a pivotal role, often dictating the complexity and direction of legal proceedings following a loved one’s death. At Kimel Law Group, we recognize that understanding and managing these dynamics can be...
Estate Planning for Entrepreneurs: Securing Your Business Legacy in Ontario
Entrepreneurs dedicate their lives to building successful businesses, but many overlook the critical aspect of securing their business legacy through estate planning. In Ontario, where business and personal laws intersect uniquely, it's essential for entrepreneurs to...
Safeguarding Digital Legacies: Protecting and Managing Digital Assets in Ontario Estate Planning
Safeguarding Digital Legacies: Protecting and Managing Digital Assets in Ontario Estate Planning In today's digital age, our lives are increasingly entwined with technology. From social media accounts to online banking, digital assets have become an integral part of...
Understanding Estate Trustee Bonds in Ontario
In the realm of estate administration in Ontario, the role of an estate trustee (also known as an executor) is critical. Estate trustees are entrusted with managing and distributing a deceased person's assets according to their will. However, one aspect that may not...
Empowering Your Legacy: A Comprehensive Guide to Effective Estate Planning
Crafting your legacy is not just a legal matter but a deeply personal and significant endeavor. Let's explore the comprehensive approach to estate planning, offering insights that can empower you to secure your legacy with confidence. Understanding the Essence of...