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 […]
Insolvent Estates and “Intermeddling”: Due Diligence for Prospective Estate Trustees
Why an early solvency assessment matters A person considering whether to act as an estate trustee should form a reliable picture of the deceased’s assets and liabilities as early as possible. If the estate’s liabilities exceed its assets, the estate is insolvent. Insolvent estates carry elevated risk, including potential disputes about priority of payments and […]
Thinking About a Trust? What Ontarians Should Know First
Over the past few months, many people have asked me whether they should place their assets into a trust (formally known as an inter-vivos trust and colloquially referred to as a living trust) rather than relying on a will. This question often comes up after clients read articles online or watch estate-planning content that presents […]
Estate Administration for Clarity and Peace of Mind
Administering an estate is one of the most important responsibilities someone can take on. It often comes at an emotionally difficult time, and many executors quickly discover that there is much more involved than they expected. There are legal steps to follow, timelines to meet, tax filings to complete, and decisions that must be carried […]
Legal Framework for Funeral and Burial Decisions When No Estate Trustee Is Named in the Will or Appointed by Court
Funeral directors regularly encounter families who are grieving and uncertain about who has the legal authority to make funeral and burial decisions. When conflicts arise among relatives, or when there is no will, funeral directors must understand their professional obligations and the legal rules that determine who may give lawful instructions. Acting without clarity can […]
Rights to Cemetery Property in Ontario
Questions about who controls a cemetery plot, especially when it has been in a family for generations, often arise during estate administration. In Ontario, the answer lies not in ownership of land, but in the interment rights associated with a cemetery lot. Interment rights grant the holder the authority to bury human remains in a […]
Who Owns a Dead Body?
It is one of the most sensitive legal questions that arises after a death: who actually controls a deceased person’s body? Families often assume that the next of kin “owns” the body or that a person’s written burial wishes must be followed. In fact, Canadian law says otherwise. The short answer is that no one […]
Who Is Responsible for Funeral and Burial Decisions When There Is No Will
In Ontario, the legal responsibility for funeral and burial arrangements normally rests with the estate trustee, who is appointed either through a will or by the court. When a person dies without a will, however, there is no appointed estate trustee until the court issues a Certificate of Appointment of Estate Trustee Without a Will, […]