How do you know when to move forward on probate? Probate is the legal process to get Court approval for the person responsible for administering the estate, known in Ontario as the estate trustee. If there is a will, usually…
How Soon is Too Soon for Probate? It is almost never too soon to apply for probate. That said, probate is usually not urgent and is not something you can or should rush into immediately after the death of a…
Divorce or separation before death? Will or no Will? Big difference. It is very important to clearly identify the marital state of the deceased prior to death. If the deceased was formally married, and then formally divorced, certain rules apply. …
Many life insurance policies and various savings plans (RRSPs, TFSAs, RRIFs) provide a means for you to designate a ‘beneficiary’, and on the death of the plan/policy holder the funds flow directly to the named beneficiary. It is very common…
Are you experiencing a very slow executor, one who never actually administers the estate? Executors who cannot or will not administer the estate are not uncommon. Sometimes years can go by without the executor having sought an appointment (probate), or…
Life insurance is usually a contract between the insurance company and the policy owner (holder) that requires the insurer to pay an amount to the beneficiary (a third party) on the death of a person (who may or may not…
In Ontario there is a common-law rule of thumb that the executor of the estate has one year from the date of death to wrap up the estate; that is collect all estate assets, pay all estate debts and liabilities,…
Is someone refusing to show you the Will made by the deceased? If so, you have rights. However, how to enforce those rights depends on the status of proceedings. There is no obligation to provide a copy of the Will…
Ontario law provides that someone who was dependent on the deceased can made a claim against the estate for support separate and apart from what the dependent might inherit (under the Will or under the laws of intestacy). When successful…
It is not uncommon to be unable to locate a Will for the deceased. Sometimes, you can be left completely in the dark as to whether you simply cannot locate the Will or whether the deceased actually did not have…