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Blog

Payment of Funds into Court

Raluca M. Soica January 26, 2026

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.

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Fraud and identity-theft mitigation steps after death

Raluca M. Soica January 14, 2026

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)

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Due diligence steps to assess assets and liabilities (without administering the estate)

Raluca M. Soica January 14, 2026

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

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Insolvent Estates and “Intermeddling”: Due Diligence for Prospective Estate Trustees

Raluca M. Soica January 14, 2026

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

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Thinking About a Trust? What Ontarians Should Know First

Raluca M. Soica December 21, 2025

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

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Estate Administration for Clarity and Peace of Mind

Raluca M. Soica December 11, 2025

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

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Legal Framework for Funeral and Burial Decisions When No Estate Trustee Is Named in the Will or Appointed by Court

Raluca M. Soica December 8, 2025

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

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Rights to Cemetery Property in Ontario

Raluca M. Soica October 21, 2025

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

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Who Owns a Dead Body?

Raluca M. Soica October 21, 2025

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

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Who Is Responsible for Funeral and Burial Decisions When There Is No Will

Raluca M. Soica October 20, 2025

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

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Who Is Responsible for Funeral and Burial Decisions When There Is a Will

Raluca M. Soica October 20, 2025

When a person passes away leaving a valid will, the executor named in that will becomes legally responsible for the deceased person’s body. The executor

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Will Kits versus Lawyer-Prepared Wills

Raluca M. Soica October 20, 2025

Many people consider using a will kit because it appears to be a quick and inexpensive way to prepare a will. These kits are widely

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Power of Attorney for Property in Ontario

Raluca M. Soica September 11, 2025

In everyone’s life, situations may arise where we need help to manage our own financial affairs. Whether due to illness, an accident, or simply a

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Estate Planning for The Busy Business Owner

Raluca M. Soica July 9, 2024

Estate planning for a small business involves creating a comprehensive plan to manage and distribute the business owner’s assets upon their death or incapacitation. This

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The Vital Importance of a Will: An Ontario Estate Lawyer’s Perspective

Raluca M. Soica June 1, 2024

When it comes to planning for the future, few documents hold as much significance as a will. Despite its importance, many Canadians—especially those in Ontario—often

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The Bare Trust – new guidance from CRA

Raluca M. Soica March 28, 2024

Commencing with the 2023 taxation year, the Canada Revenue Agency (“CRA”) has implemented new reporting obligations for trusts. This meant that many trusts (including bare

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Succession Law: Married Spouses and Common Law Partners

Raluca M. Soica March 21, 2024

Estate law in Ontario, Canada, presents distinct considerations for surviving spouses, whether married or common-law, depending on the presence or absence of a will. Delving

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Succession Law: Marriage, Divorce and Separation

Raluca M. Soica March 21, 2024

In this blog post, we delve into the nuances of Ontario’s evolving laws concerning wills, marriage, and divorce (please note that common-law partners are not

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Canada s-a alăturat Convenției de la Haga

Raluca M. Soica March 2, 2024

Pe 11 ianuarie 2024, Convenția de la Haga privind abolirea cerinței de legalizare pentru documentele publice străine, a intrat în vigoare în Canada. Convenția de

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The Bare Trust

Raluca M. Soica February 12, 2024

The new trust reporting rules take effect for the taxation year ending after December 30, 2023. The Canada Revenue Agency (“CRA”) now requires trusts to

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Considering business incorporation: when is the right time?

Raluca M. Soica September 26, 2023

Are you considering taking your business to the next level? Incorporation may be the key to unlocking a world of legal and financial advantages. Incorporating,

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Encroachments in real estate

Raluca M. Soica September 26, 2023

In this article, we intend to provide readers with an understanding of the dynamics of encroachments on real estate property and how they may affect

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Mortgage Fraud in Ontario

Raluca M. Soica September 26, 2023

Since COVID-19, fraud has skyrocketed in Canada. One story reported by CBC in 2023 showcased how deception can be used in mortgage transactions. The following

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Private lending – what is it and how can it benefit you?

Raluca M. Soica September 26, 2023

As the title indicates, this article aims to inform readers about what private lenders are, the risks and benefits associated with using a private lender

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Mortgage enforcement in Ontario

Raluca M. Soica September 26, 2023

This article aims to provide an overview of mortgage enforcement in Ontario and how it works. Mortgages are contracts between a property owner and a

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What is a matrimonial home and why does it matter?

Raluca M. Soica September 26, 2023

The following article will explain what a matrimonial home is and the options available to separating spouses. Please note that this article is intended as

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The role of shareholders, officers and directors in Ontario corporations

Raluca M. Soica September 26, 2023

In the intricate world of Ontario corporations, the roles and responsibilities of key players are essential for efficient operations, responsible governance, and the protection of

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Powers of Attorney

Raluca M. Soica September 8, 2023

In the following blog post, the author will explain what a power of attorney is, how it works, and the risks if no power of

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What happens to your digital assets when you pass away?

Raluca M. Soica September 8, 2023

Within this blog post, readers will gain insights into the utilization of legacy contacts on the leading platforms, including Facebook, Apple, and Android. Additionally, we’ll

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What is elder abuse and how can it be prevented?

Raluca M. Soica September 8, 2023

With an aging population, extended life expectancies, and a higher likelihood of incapacity, it becomes crucial for individuals to be mindful of the potential for

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Minute Books: the what and the why?

Raluca M. Soica September 8, 2023

In this blog post, we will explore the significance of a minute book, its components, the importance of maintaining one, and the implications of not

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Gifting considerations in Ontario

Raluca M. Soica September 8, 2023

This article aims to address various considerations surrounding inter-vivos gifts (gifts made during a person’s lifetime), as well as shed light on why it is

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Gifting property in Ontario

Raluca M. Soica September 8, 2023

The following blog will highlight the dynamics of gift real estate in Ontario. A lot of parents want to gift real estate to help their

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Guardianship for Property: what is it and when is it used?

Raluca M. Soica September 8, 2023

This blog aims to provide readers with an understanding of the concept of guardianship for property, including its intricacies, associated risks, and potential solutions. A

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What is title insurance and why is it important?

RMS Estates Law February 12, 2023

There have been many reports in the media recently about title fraud, mainly where someone steals someone else’s title to the home by impersonating them,

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What Happens to Real Estate Property at Death

RMS Estates Law December 7, 2022

Whenever clients ask me what happens to their real estate property when they pass away owning property in Ontario, the fast and short answer I

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Why would you want to have an estate plan?

RMS Estates Law November 3, 2022

People’s lives are unique and complex. Your relationships might result in legal obligations you may not be aware of, and that is why there is

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Inheritance Laws in Ontario

RMS Estates Law October 3, 2022

If you are wondering about Ontario’s inheritance laws, it is because someone you know passed away without a will or you are worried about your

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No Will… no problem?

RMS Estates Law April 7, 2022

When a loved one passes away, it is a difficult time for everybody, but it is especially difficult for those who were appointed estate trustee

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Administration of Estates in Ontario

RMS Estates Law March 3, 2022

When a loved one passes away, it is a difficult time for everybody, but it is especially difficult for those who were appointed executor and

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Common errors in the execution of estate planning documents

RMS Estates Law January 17, 2022

I was recently approached by a business acquaintance who asked me what can be done in the case of a lady who had lost her

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Thinking about appointing a foreign executor in your will? Think again.

RMS Estates Law May 15, 2020

There are many implications of appointing a foreign executor in your will. Here are a few to consider: – A foreign executor poses difficulties to

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What do you give up when you do not have a Will?

RMS Estates Law May 6, 2020

A poll executed by CTV News in 2018 reveals that 51% of Canadians do not have a will1. Not having a will means being satisfied

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Multiple Wills – why use them?

RMS Estates Law May 6, 2020

state administration tax is paid on the value of every estate, at the time a Certificate of Appointment (also known as probate) is issued by

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Joint bank accounts between parents and adult children – how are they treated by courts on the death of the parent?

RMS Estates Law May 6, 2020

My clients are surprised to find out that where a parent and an adult child own a joint bank account, the contents of the account

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What happens to real estate you hold in joint tenancy when you pass away?

RMS Estates Law May 6, 2020

The usual structure of a property held in joint tenancy is that the owners have a right of survivorship upon the death of one of

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What happens to real estate held only in your name when you pass away?

RMS Estates Law May 6, 2020

Whenever clients ask me about this topic, the fast and short answer I always give is that it depends.  But one universal truth applies for everybody:

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When you should amend your Will?

RMS Estates Law May 4, 2020

A fifth of Canadians over the age of 65 have a Will but it is out of date. What most people might find surprising is

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Contact

  • (647) 280-6497
  • (647) 694-5290
  • raluca@rms-law.ca
  • 2005 Sheppard Avenue East, Suite 100, Toronto, Ontario M2J 5B4

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