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MILTONS ESTATES
ONTARIO PROBATE AND ESTATES LAW
Ontario estates solved.
SERVING ALL OF ONTARIO
FOR EXECUTORS AND BENEFICIARIES
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We administer the estate
We help you administer
We resolve estate disputes
Probate full service: we handle the entire application from start to finish
Probate forms & advice. Expert advice for you at each step of the way
Income taxes for the deceased and the estate.
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Probating an Estate
Is probate needed? How to probate. Holw long does probate take? Finding the last will. Probate without a will. Bonding. Re-sealing. Estate and income taxes. Renunciation.
Who Inherits?
Who gets what? Joint ownership of houses and bank accounts. RRSPs, RRIFs, TFSAs and insurance. Inheritance when there is no will.
Estate Disputes
Seeing the will. Executor inaction. Trustee misconduct. Trustee compensation. Passing accounts. Difficult beneficiaries. Litigation process. Contingency fees.
Administering an estate
Executor checklist. Executor duties. The estate information return. Accounts. Income taxes. Clearance certificates. Releases.
Estate accounts
The form and contents of estate accounts. Passing accounts in Court. Compelling a trustee to pass their accounts.
Income taxes for an estate
Returns before death. The terminal return. Spousal roll-overs. Clearance certificates. Non-resident beneficiaries.
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.
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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.
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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.
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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?
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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.
Ashley Akers, law clerk
Maxine Birdsell, lawyer
Erica Kapa, law clerk
Neil Milton, lawyer
Hala Tabl, lawyer
Practicing through Hala Tabl Professional Corporation
Angie Wynn, lawyer
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 SERVE ALL OF ONTARIO.
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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
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