Could Your Home Qualify for Ontario’s First Dealings Exemption?
If you have owned your home or cottage for many years, your estate may be able to save thousands of dollars through Ontario’s first dealings exemption. If you bought your home or cottage around 2000 or earlier, it may be worth checking whether your estate could benefit from Ontario’s first dealings exemption. Ontario gradually converted […]
Does Your Will Account for Your Business?
For many business owners, a substantial part of the family’s financial security is tied to a corporation or professional practice. A will that addresses personal assets without considering those business interests may leave important questions unresolved for the people responsible for the estate. Estate planning for business owners in Ontario involves considering what should happen […]
Estate Planning for Blended Families: Providing for Your Spouse and Children
If you have children from an earlier relationship, preparing a will can involve balancing two equally important wishes: ensuring that your spouse is financially secure and preserving an inheritance for your children. Although a direction to leave everything to your spouse may appear straightforward, it may not achieve both goals. An outright gift to a […]
Preparing for a Guardianship Application in Ontario
When someone you love can no longer manage important decisions, your immediate concern is often how to keep their care, finances, and living arrangements stable. If a guardianship application in Ontario is needed, gathering the right information can help clarify both the person’s needs and the responsibilities you are considering taking on. Begin by identifying […]
Your Parent Needs Help but Has No Power of Attorney
When a parent begins having difficulty managing their affairs, family members often step in gradually, helping with appointments, correspondence, and everyday expenses. The need for legal authority may only become apparent when a bank refuses instructions or an important financial decision cannot proceed. If your parent has no power of attorney in Ontario, the first […]
Probate Has Been Granted. When Can Beneficiaries Receive Their Inheritance?
Receiving a Certificate of Appointment of Estate Trustee is an important milestone, and beneficiaries may understandably expect their inheritance to follow shortly afterward. However, obtaining probate does not mean that all of the estate’s obligations have been resolved or that the remaining funds are ready to be distributed. Before making a distribution, the executor needs […]
The Bank Is Asking for Probate. What Do You Do Next?
After a family member’s death, you may contact their bank expecting to begin settling their affairs, only to learn that a probate certificate is required before funds can be released. This can leave you wondering how to move forward, particularly when expenses are accumulating and family members are looking to you for answers. In Ontario, […]
Payment of Funds into Court
What is payment of funds into court? Payment into court is the process of placing funds under the court’s control for safekeeping and neutral administration. Courts may require it where: Why would someone pay funds into court? By depositing funds with the court, parties keep money safe, neutral, and available for proper distribution while disputes […]
Fraud and identity-theft mitigation steps after death
Where there is concern about fraudulent use of the deceased’s credit products or identity, commonly referenced preventative steps include: Procedural tool: Notice of Objection (Ontario) If there is concern that another person may seek appointment without notice, Ontario procedure permits the filing of a Notice of Objection, which operates as an obstacle to the issuance […]
Due diligence steps to assess assets and liabilities (without administering the estate)
A prospective estate trustee can (and often should) undertake rapid, targeted due diligence to determine whether the estate is solvent. The central risk-management principle is to gather information and preserve assets without taking actions that resemble administration (paying debts, selling/distributing property, or holding oneself out as trustee). Intermeddling (undertaking acts that are typically performed by […]