Under what circumstances should a court order the Estate Trustees to make an interim distribution of substantially the whole of the Estate? Let’s review the law. Upon someone’s demise a personal representative is appointed. That appointment may come about through a testamentary document or by court order if there is an intestacy. The personal representative […]
Is it appropriate for a court order to permit an Estate Trustee During Litigation (“ETDL”) to distribute the Estate? Possibly. The statutory authority to appoint the ETDL is found in Section 28 of the Estates Act, which provides that an ETDL has all the rights and powers of a general administrator, other than the right […]
It seems self evident and almost trite to say that a will must reflect the intention of the testator. Accordingly, those parties who come to court and submit that the will in question is authentic and valid must prove, among other things that the Testator knew and approved of the content of the will. Mistakes […]
Imagine that Johnny is dying. The doctors tell him to get his affairs in order. The patient’s only living relative is an elderly aunt whom he despises. Johnny wants to give all his money to his Church but, without a Will, by virtue of Ontario’s laws of intestacy that aunt will inherit everything. A lawyer […]
Ontario lawyers are increasingly establishing strategic alliances with Israeli attorneys to better serve their clients. Why? There are lots of reasons. Enforcement of Israeli court orders in Ontario, increased trade between the countries requiring cooperation between corporate and tax counsel, and families with members in both jurisdictions requiring cooperation in Family law and estate disputes. […]
A recent case in Ontario Canada, Proulx v. Kelly, addresses how DNA testing is relevant to estate litigation disputes. When the deceased has not made a will Ontario’s laws of intestacy govern and if there is no spouse the next of kin inherit. With respect to receiving an inheritance under an intestacy, the law of Ontario is that a person is the child of his or her natural parents with the only exception being adopted children.
For those who wish to stop the distribution of non probatable assets it is important to know that more might be required then simply blocking probate by filing a notice of objection
The best step an estate trustee can take is to approach an experienced solicitor for assistance in obtaining probate. The process will likely go far quicker and more efficiently. For those who wish to educate themselves on how to obtain probate here are some sites that might prove useful: The Law Society of Upper Canada […]
Probate in Ontario is called “a certificate of appointment of estate trsutee with a will”. This article addresses what steps have to be taken in Ontario to stop the process of getting a Will probated.