Toronto Estate Law Blog

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Category Archives: Executors and Trustees

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Cyberbullying Legislation Applied to Siblings in Estate Dispute

Posted in Estate & Trust, Executors and Trustees, General Interest, Litigation
Sibling rivalry coupled with the loss of a parent and an actual or perceived impropriety of one sibling in handling his or her estate can turn even the closest siblings into sparring adversaries. While such emotionally charged disputes often become heated, most siblings are able to maintain civility in their dealings. What happens when one… Continue Reading

Executor and Trustee Compensation

Posted in Executors and Trustees, Litigation
Executors and trustees are entitled to compensation for their efforts; however, the quantum of such compensation can often become a contentious issue where the beneficiaries perceive the amount claimed by the executor or trustee to be excessive. If the Will granting the executor his or her authority does not expressly outline the extent of the compensation claimable… Continue Reading

More on Rebutting The Presumption of Resulting Trust

Posted in Estate & Trust, Estate Planning, Executors and Trustees, Litigation, TOPICS, Trustees, Wills
In Mroz v. Mroz, 2015 ONCA 171 (Ont. C.A.), the Court of Appeal returned to the issue of rebutting the presumption of resulting trust that arises upon a gratuitous transfer from the owner of the property to another or into joint tenancy with another. Here, the testatrix transferred her home to one child in joint… Continue Reading

Insurance Policy Proceeds and Changes to the Estate Administration Tax Act

Posted in Estate & Trust, Executors and Trustees, General Interest
On February 27, 2015, I chaired a workshop titled, The Estate Administration Tax Act, 1998: New Reporting Requirements, which was provided as part of the LSUC’s Continuing Professional Development. As part of this workshop, our speakers, among other things, canvassed the various issues and concerns raised in relation to the introduction of the new Regulation,… Continue Reading

Some Challenges for Estate Trustees

Posted in Executors and Trustees
When selecting an estate trustee, you want to choose someone competent, readily available and, above all, trustworthy. This is because estate trustees are assigned power and responsibility to administer an estate. Accordingly, testators generally choose a close friend or family member to carry out their wishes after they die. Whether you designate someone close to… Continue Reading

File Your Estate Information Return On Time

Posted in Executors and Trustees
Under the new regulation to the Estate Administration Tax Act, 1998 (the “EATA“), effective January 1, 2015, estate trustees applying for certificates of appointment will need to file a new form, the Estate Information Return, with the Ministry of Finance.  The Ministry has provided some information on the new rules regarding estate administration tax here.… Continue Reading

New year, new regulations – Changes to the Estate Administration Tax Act

Posted in Executors and Trustees
We have previously blogged about the proposed changes which had been announced for the Estate Administration Tax Act. While it was widely believed that the previously circulated draft would eventually become law, uncertainty still existed surrounding the proposed changes, most notable of which being when the new regulations would become effective. The uncertainties surrounding the… Continue Reading

A Cautionary Tale on Separating Legal Costs

Posted in Ethical Issues, Executors and Trustees, Trustees
The recent decision in Georganes v. Bludd 2014 ONSC 4655 (CanLII) addresses the issue of the entitlement of an Estate Trustee (in defending litigation) to have their legal fees paid by the Estate, despite having a personal interest in the litigation. The background litigation involved the ownership of real property in Georgetown, Ontario.  Pursuant to… Continue Reading

Where in the World is Casey Kasem?

Posted in Executors and Trustees, Funerals, General Interest, In the News
The legendary Top 40 Countdown DJ, Casey Kasem, passed away in June, 2014 after a dramatic Hollywood style guardianship dispute between Casey’s wife, Jean Kasem, and his daughter from a prior relationship, Kerri Kasem.  The “dad-knapping” of this famous American from California to Seattle while he was still alive has already been covered by our… Continue Reading

Proposed Law Would Assist Estate Trustees

Posted in Executors and Trustees
Guelph’s MP, and former Estate lawyer, Frank Valeriote, recently tabled Bill C-247, the Service Canada Mandate Expansion Act (the “Bill”).  If enacted the Bill would require the Minister of Employment and Social Development to establish Service Canada as the single point of contact for the Government of Canada in respect of all matters relating to the… Continue Reading

Simplified procedures for small estates?

Posted in Estate Planning, Executors and Trustees, General Interest
When a person dies in Ontario and leaves a Will, his or her named Estate Trustees often need to obtain a Certificate of Appointment of Estate Trustee (previously known as “probate”) in order to deal with the Estate’s assets. The Certificate serves as: proof of the deceased’s death; authentication of the propounded Will as the… Continue Reading

Reducing Estate Administration Tax

Posted in Beneficiary Designations, Estate & Trust, Executors and Trustees, News & Events
Well known American thriller author Tom Clancy, known for novels such as The Hunt for Red October, passed away on October 1, 2013 at the age of 66.  Clancy was married to his first wife, with whom he had four children – Michelle, Christine, Kathleen and Thomas, until 1999.  After divorcing his first wife, Clancy… Continue Reading

What Happens If The Assets Are Not Enough?

Posted in Estate Planning, Executors and Trustees, Wills
When there is a shortfall between what payments an estate is required to pay and the value of the estate, some problems can arise. Two such situations include: (i) when the estate assets are insufficient to satisfy the debts and (ii) when the estate assets are insufficient to distribute specific bequests. Firstly, sometimes a deceased’s… Continue Reading