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WILLS & ESTATE
Mediation in the Context of Estate Disputes – Can Mediation End Your Estate Dispute?
Mediation can be an effective process to resolve most estate disputes involved in estate litigation. Estate disputes can be lengthy and stressful and most often involve private familial issues. Mediation is a great forum for resolving estate disputes mostly because...
Understanding Estate Administration Tax
Estate Administration Tax (“EAT”) formally known as probate fees, is a tax charged on the total value of the deceased’s estate and is paid to the government of Ontario at the time that an estate is submitted for a certificate of appointment of estate trustee or more...
Parents Beware – Joint Ownership with Adult Child
One of the most common estate planning techniques is adding a child as a joint owner on a bank account, investment or real estate property. Although it sounds like a simple and effective technique, it can actually cause more problems than it makes out to solve and can...
What Information Must an Estate Trustee Disclose to Beneficiaries?
An estate trustee owes a fiduciary duty to the beneficiaries of an estate. Beneficiaries have the ability to force the estate trustee to perform their duties and obligations according to the law in Ontario. Duties As a fiduciary, the estate trustee, is held to a high...
What Happens If You Die Without A Will?
When a person dies without a Will, called “intestate”, the Ontario Succession Law Reform Act sets out how the deceased’s estate is distributed. Legally Married? Common law spouses do not apply If you are legally married and do not have any children, your spouse is...
Dependant’s Support Claims – A Guide
The law in Ontario acknowledges that there is a moral obligation for the needs of dependants, including children, parents and spouse to be given adequate support from one’s estate. Ontario law has acknowledged that certain relationships trump a testator’s freedom to...