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ONTARIO PROBATE AND ESTATES LAW

SERVING ALL OF ONTARIO

FOR EXECUTORS AND BENEFICIARIES

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INFORMATION ABOUT PROBATE IN ONTARIO

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PROBATE BASICS

Key Information about probate in Ontario.

IS PROBATE REQUIRED?

Often not for the first of two married spouses to pass.  Usually for everyone else.

PROBATE WITH A WILL

Information on probating a Will.  An application with simple Will for a simple estate is complex and requires numerous documents.

PROBATE WITHOUT A WILL

Information on probating when there is no will.

DEBTS & INSOLVENT ESTATES

How to handle debts of the deceased and estates that may be bankrupt.

THE INFO REQUIRED TO PROBATE

The information you will need to gather for the probate application.

WAS THERE A WILL?

How to find a will.  There is no will registry in Ontario.

BOND OR DISPENSE

When is a bond required for probate, and how to get a Court order dispensing with a bond.

SIGNED PROPERLY?

Information on holograph Wills, properly signed type-written Wills, and handwritten changes to Wills

PROVING THE SIGNATURE

An affidavit of execution or other proof of signature of the testator is required.

TAX BASICS

The basics of estate administration tax (probate tax) and income tax rules for estates in Ontario.  A link to our free estate administration tax calculator.

PROBATING FOREIGN ESTATES IN ONTARIO

If the estate has assets in Ontario, after probate elsewhere first (re-sealing and ancillary grants).

CALCULATING EAT

How to calculate the Estate Administration Tax payable before probate.  The role of appraisals and estimates.

RENUNCIATION AND RESIGNATION

Someone named as an executor in a Will is not obliged to act as the estate trustee.  Information on renunciation (upfront) and resignation (after starting to act).

SMALL ESTATES

Avoiding probate for very small estates, and the special rules for probate of estates under $150,000

DEATH OF A TRUSTEE

Dealing with the death (or incapacity) of an executor or estate trustee.

PROBATE COSTS: OUR FEES

We charge fixed, fair fees.  Save money, time and grief by getting expert help to do it right the first time.

FREE PROBATE EBOOK

Probate in Ontario: A Practical Guide.

DIY or HIRE AN EXPERT

Hiring an expert will save you time, stress, and money.  Learn why.

START PROBATE NOW

Our clear process, expert advice, and fair fees reduce the stress, time and cost of probate.

INFORMATION ABOUT INHERITANCE: WHO INHERITS WHAT?

NO WILL

Inheritance when there is no will (intestacy).

WILL VALIDITY

The requirements for a valid will.

DEPENDENT SUPPORT CLAIMS

When the deceased did not provide for a dependent.

MARRIAGE, SEPARATION, DIVORCE

Who gets what when there has been a re-marriage, separation or divorce?

JOINT OWNERSHIP OF ASSETS

Joint ownership of houses and savings

WHAT DOES THE WILL SAY?

Information about finding out what the will says when the executor will not share with family members

THE HOUSE: WHO OWNS IT, WHO GETS IT?

Different ways of owning real estate.  Issues for trustees and beneficiaries.

BENEFICIARY DESIGNATIONS

Designation of beneficiaries for TFSAs, RRSPs, RRIFs, pensions and life insurance.

INHERITANCE BY A CHILD

Inheritance by a child under 18 can be complex, especially if there is no Will.

DEBTS & INSOLVENT ESTATES

How to handle debts of the deceased and estates that may be bankrupt.

AFTER PROBATE: ESTATE ADMINISTRATION

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EXECUTOR DUTIES

The role, duties and obligations of executors.

EXECUTOR'S CHECKLIST

What an executor must do. Downloadable PDF.

TAXES

Taxes on death: inheritance taxes, income taxes.

ESTATE ADMINISTRATION TAX

Calculating and paying estate administration tax.

EXECUTOR COMPENSATION

What fees are due to the estate trustee?

INSOLVENT ESTATES

When the estate has more debt than assets.

RELEASES

The who, why (and why not), when (and when not) and how of releases by beneficiaries of estate trustees.

ESTATE INFORMATION RETURN

What you need to know about filing the Estate Information Return.

ESTATE ACCOUNTS

The duty to account.  The format and content accounts.  Formal and informal accounts, releases and distributions.

PASSING ACCOUNTS

The court process for approving the accounts and actions of the estate trustee.  When to pass accounts and who pays for what.

RENUNCIATION AND RESIGNATION

You are not obliged to act but you must be careful not to intermeddle. Information on resignations and successor trustees.

OUR FEES - ACCOUNTS

Fixed, fair fees for preparing, passing, and contesting accounts.

CLEARANCE CERTIFICATES

CRA releases the trustee from liability: the when, why and how of clearance certificates

INTERIM DISTRIBUTIONS

Distributions before receipt of the clearance certificate – possible, and often to be encouraged.

RELEASES

Releases are significant for both trustees and beneficiaries.  Understand them before you sign.

TRUSTEE SERVICES

We can act as the estate trustee and administer the estate for you.  Particularly useful if there is no one suitable to act or there is a dispute among beneficiaries.

INFORMATION ABOUT ESTATE DISPUTES IN ONTARIO

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BENEFICIARY RIGHTS

Your rights as a beneficiary and how to enforce them.

EXECUTOR RIGHTS

Your rights as estate trustee and how to enforce them.

WILL CHALLENGES

The challenges of will challenges.

OBJECTING TO AN EXECUTOR

Objecting to an executor before their appointment.

CHALLENGING JOINT ASSETS

Bank accounts and houses made joint with an adult child of the deceased that should have been in the estate?

THE SLOW EXECUTOR PROBLEM

What to do if the executor is too slow, before or after probate.

THE DISAGREEABLE BENEFICIARY

When beneficiaries want to micro manage, and disagree with everything the trustee does.

EXECUTOR COMPENSATION DISPUTES

Estate trustees are entitled to fair and reasonable compensation for doing a difficult job properly but not excessive or unreasonable amounts.

PASSING ACCOUNTS

Who, what, when and how of passing accounts.

PASSING ACCOUNTS - OUR FEES

Our fees for preparing, passing and contesting estate accounts.

LITIGATION COSTS

The costs of litigation and the role of offers to settle.

MEDIATION

What it is and why it is so often effective for resolving estate disputes.

INTERIM DISTRIBUTIONS

The ins and outs of interim releases.

WHAT DOES THE WILL SAY?

When the executor will not show the will to beneficiaries.

YOUR PARTNER FOR
ONTARIO ESTATES AND PROBATE ADVICE

We want to thank you as well as Hala for your services. We were more than pleased with the way you handled our fathers affairs in a timely manner. We do appreciate all you’ve done for us and will recommend your firm to others in the future.

-Susie H.

OUR SERVICES

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PROBATE APPLICATIONS

Applications filed right the first time.

ADVICE FOR EXECUTORS

We advise executors and trustees.

EXECUTOR SERVICES

Full estate administration, including we act as the executor.

ESTATE LITIGATION

We resolve estate disputes.

ADVICE FOR BENEFICIARIES

We advise you on your rights, and the executor’s obligations.

ESTATES AWAY FROM HOME

Cross-border estate issues.

THE DISAGREEABLE BENEFICIARY

When beneficiaries will not consent.

EXECUTOR COMPENSATION

Disputes about executor compensation.

WILL and ESTATE PLANS BY VIDEO

Extended hours for your convenience.  From your home.

ESTATE ACCOUNTS

We prepare accounts in Court form, and then ‘pass accounts’ before the Courts.

We do estate planning by video.  Extended hours.  Your estate plan, will and power of attorney from your home.

HOW CAN WE HELP YOU?

WE ARE MILTONS ESTATES LAW

We make Ontario probate & estates straightforward.

Expert advice, great service. Your probate and estate issues resolved without worry, hassle or delay.

NEIL MILTON

Lawyer, Registered Trademark Agent

HALA TABL*

Lawyer (*Hala Tabl Professional Corporation)

What our clients say:

I also wanted to thank you for the good advice and help you offered throughout this process. You made everything so much easier for me and engineered an excellent way forward out of the problems I encountered. Thanks again.

– Helmut O.

Many thanks again.I tell everyone I know what a reasonable and very efficient way you conduct business and also that there is no difficulty involved in understanding what the procedure will be and how it will be implemented. Most complaints regarding lawyers (that I’ve heard consistently)revolve around them being unattainable after the initial consultation and throughout the whole process.In other words —-like hiring an answering machine and a receptionist.That has not been the case with you.

– Kate C.

Thank you very much for your very professional and expeditious help with handling my father’s estate.

– Denise G.

CONTACT US

WE ACT FOR CLIENTS ACROSS ONTARIO.
WE CAN MEET YOU AT A LOCATION CONVENIENT FOR YOU.

WE SERVE ALL OF ONTARIO

MAIL & SERVICE: 200-15 FITZGERALD ROAD, OTTAWA, ON, K2H 9G1
4 ROBERT SPECK PARKWAY, 15TH FLOOR, MISSISSAUGA, ON, L4Z 1S1AD
LOCATIONS ACROSS THE GTA AND OTTAWA FOR YOUR CONVENIENCE

INFO@ONTARIO-PROBATE.CA

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WE DO NOT CHARGE FOR TRAVEL. WE COME TO YOU, ACROSS ONTARIO.

YOU DO NOT NEED TO COME TO US. VIDEO CALLS AVAILABLE.

Our address for mail and deliveries (this is not our “main” office, as we practice across the Province) is:

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