When an individual passes away, they often leave specific directions to their loved ones regarding how they would like their remains to be disposed of. But what happens if no such directions are left? Or if the directions cannot be carried out? Are these directions binding? The law provides some guidance for how to resolve […]
THE GRAVE DUTY OF DISPOSING OF REMAINS – WHO MAKES THE FINAL CALL? Read More »
It is important to remember that when a loved one has died, the planning of the funeral is something that one should not take lightly. Did the Deceased want to be cremated? Is there a plot already purchased? Should the ashes be scattered? Do we proceed with a religious ceremony? Do we plan a Celebration
NAVIGATING THE JOURNEY – FROM FUNERAL ARRANGEMENTS TO ESTATE ADMINISTRATION Read More »
A survivorship application is a legal process that helps individuals navigate property rights after a loved one has passed away. This application can only be completed within Ontario where property is held by two or more individuals, typically spouses, as “joint tenants” when one of them passes away. The surviving joint tenant(s) must initiate a
WHAT IS A SURVIVORSHIP APPLICATION? Read More »
You have recently lost a family member or longtime friend who has named you as the Executor in their Will. We have all heard the term ‘Probate’, but the one question that I hear on a regular basis is “What is Probate?” which is usually followed by, “Will we need it?” and “Can you help?”.
TO PROBATE OR NOT TO PROBATE, BUT WHAT REALLY IS THE QUESTION? Read More »
Have you been asked to act as either an Estate Trustee or an Attorney granted by a Power of Attorney for Finance for a family member or friend? Do you know what you need to do? The first step is to determine the value of the individual’s assets. The value will need to be determined
KEEPING RECORDS AS AN ESTATE TRUSTEE OR POWER OF ATTORNEY Read More »
Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a “fiduciary” to the person to whom they provide care. A fiduciary has higher obligations legally – caregivers are now in that category. Historically there are general categories of fiduciary relationships that have evolved in Ontario. They include: agent
So, you have been named as an “estate trustee” (i.e., executor) in a last will and testament – what now? This is typically an onerous role, so it is important you understand your duties and potential liabilities if you accept this role, which you must decide at the outset. In Ontario, “probate” is an antiquated
WHAT DOES "PROBATE" MEAN? DO I REALLY NEED A LAWYER TO "PROBATE" A WILL? Read More »
You know you should do it – make an estate plan. Do a last will and testament and your powers of attorney. Don't let the government take more than necessary; protect your beneficiaries. But what happens if you don't listen and you have no will or estate plan? Is it really that bad? Answer –
WHAT HAPPENS IF I DIE WITHOUT A WILL? WHAT'S ALL THE FUSS ABOUT? Read More »
So, you’re unhappy with the last will and testament of a family member, or someone from whom you reasonably expected to inherit…… Legally, any person can challenge the validity of a Will, but there are only certain grounds to do so. If you do not qualify within one or more of these recognized grounds, the
Generally, you can designate a beneficiary for your RRSPs. If you do, generally the RRSP will be paid to your designated beneficiary on your passing. The RRSP will not form part of your Estate and, therefore, not be subject to Ontario’s estate administration tax. However, the problem: the federal Income Tax Act provides that, even
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