Committee applications: Duties and costs
There is a presumption at law that every adult is capable of making decisions. As a society, we take this presumption seriously in ensuring our rights are not unnecessarily taken from us and that we have autonomy concerning our own...
Executor compensation – part 2: How does an executor properly take compensation?
In Part 1 of this series on executor compensation, we looked at what is an appropriate amount for an executor to receive in compensation for their work for the Estate. In this post, we look at the proper method for...
Executor compensation – part 1: How much?
Generally speaking, an executor of an Estate will be entitled to some amount of compensation for their time and effort. Unfortunately, the specific amount of compensation has the potential to become a contentious issue. The beneficiaries may feel that the...
Spousal claims against estates: The utility and impact of domestic contracts
Although marriage is often regarded as a rite of passage that carries with it intense societal significance, a recent survey reported by Statistics Canada has revealed that 41% of all married couples in Canada will either separate or divorce before...
Challenging a Will based on undue influence
A Will is not valid if it is the result of “undue influence”, but what exactly does that mean? Before going to court to challenge a Will on this basis, it is important to look closely at what exactly qualifies...
COVID-19 and the suspension of limitation periods in British Columbia: Possible implications for the distribution of an estate and ongoing estate litigation
On March 19, 2020, the Supreme Court of British Columbia suspended regular operations to protect the health and safety of court users and to help contain the spread of COVID-19. All civil and family matters scheduled for hearing between March...
What is probate?
Many people are confused by the term “probate”. They likely know it is connected to Wills in some way, but they do not know exactly what it is, and why it is required. In essence, “probate” refers to the process...
The perils of will kits during the Coronavirus pandemic
During the Coronavirus pandemic (COVID–19) many people may be doing a Google search on “do-it-yourself” will kits to try to get their financial and family affairs in order. You might believe these will kits are an inexpensive and easy way...
What if an estate has been mismanaged?
Beneficiaries of an Estate are sometimes concerned that an Estate Trustee may be mismanaging Estate assets in one way or another. When this happens, open and frank communication between the Estate Trustee and the beneficiaries can often go a long...
Dependant’s Relief Claims under the Succession Law Reform Act
Key Developments in Estates and Trusts Law in Ontario, 2015-2016 Edition, Chapter 11
