Toronto Ontario Estate Law Blog

Probate is the often-dreaded process where an estate trustee receives a Certificate of Appointment of Estate Trustee which confirms their authority to administer the estate. While not mandatory, if there is a will, third-party institutions such as banks or the land registry office, when dealing with real property, typically require

When we consider undertaking the estate planning process, the preparation of a Will to direct and manage the transfer of assets between a person and their beneficiaries is often the primary focus. What is not always considered by many is the role proper estate planning plays in the preservation of

When updating your estate plan, it’s important to consider who will be the key decision-makers on death and on incapacity. Understanding these roles can help you prepare better for your future and make informed decisions about your property and personal care. This blog highlights the responsibilities of fiduciaries in the

Commencing with the introduction of registered retirement savings plans (“RRSPs”) in 1957, registered plans have generally become an integral part of the estate planning process. Although registered plans play an important role in both the financial and estate planning of many Canadians, the tax treatment of such plans can vary

Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division, and if included, how to value them in dividing family property. There have been shifts by

Typically, we tend to think of the beneficiaries of an estate under a will as being individuals or organizations: family members, friends, and charities. These beneficiaries usually receive their gift outright or through a trust created under the will (i.e., a testamentary trust). However, for those who have created trusts

As we settle into the latter half of the summer months, it bears remembering there are risks associated with the water-related activities which attract many of us at this time of year. Whether swimming, boating, or floating, the majority of drownings occur in lakes, ponds, and rivers, while the victim

Election fervour and fever continues to escalate south of the border and Canada will soon follow. Our last federal election was September 20, 2021, and constitutional and statutory provisions require that the next federal election must be held no more than 5 years after a preceding election and by the

In the evening hours of April 1, 1991, on what otherwise may have been a relatively unassuming day in Düsseldorf, Germany, Detlev Karsten Rohwedder was murdered at his home, in cold blood. The case remains unsolved and arguably ranks as Germany’s own version of the JFK assassination – a prominent

When a person dies without leaving a valid will, they have died “intestate”. A valid will can provide for who should administer the estate, who should benefit from the estate, and the terms on which the beneficiaries inherit. If you die without a will in place, your estate will be