Nov 14, 2017
In my last entry, I described the process of probating a lost Will. Shortly after I published this entry, a colleague referred me to a recent decision of the Ontario Superior Court of Justice in Ottawa on this very point. You can find the Levitz v. Hillel Lodge Long Term Care Foundation decision...Read More
Oct 26, 2017
In the “typical” estate administration file, locating the original Will of the deceased is not difficult.Often this is because the lawyer who drafted the Will holds the document for safekeeping in his or her vault.
There are a few reasons why lawyers like to keep the original Wills of their clients rather than letting the clients take their Wills with them.One of those reasons?Clients...Read More
Jul 27, 2017
In my last entry, I wrote about the “typical” estate administration. In that entry, I noted that making an interim distribution to the beneficiaries early in the process goes a long way towards ensuring an administration runs smoothly. Sometimes making such a distribution is not possible in the circumstances of a particular estate, but informing the beneficiaries of the reason for the delay...Read More
Jun 20, 2017
When I meet with disgruntled beneficiaries, the most complaint that I hear is “The executor is taking too long to make a distribution to me and finalize the estate.” In a future entry, I will write about how I might help a beneficiary deal with this sort of complaint. In this entry, however, I will address how we help executor clients avoid ever getting this complaint from their...Read More
Jun 7, 2017
Dying without a Will in Ontario (also known as tying “intestate”) does not make an estate impossible to administer. It does, however, present an extra set of challenges that must be addressed at two stages: The Application for the Certificate of Appointment (also known as the “probate application”) and the distribution of the estate.
The first...Read More