Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site.

# Miltons Estate Law

Probate and estates law for all of Ontario

## Sitemaps

- [XML Sitemap](https://ontario-probate.ca/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Do Beneficiary Designations Matter?](https://ontario-probate.ca/do-beneficiary-designations-matter/) - Unlocking Financial Security: Why Do Beneficiary Designations Matter? Discover Their Crucial Role in Your Legacy
- [How Soon is Too Soon for Probate?](https://ontario-probate.ca/how-soon-is-too-soon-for-probate/) - Balancing grief and legal obligations, initiate probate a few weeks to months after a loved one's passing. Detect delays, take charge, or enlist expert help
- [Jointly Owned Property In Estate Planning](https://ontario-probate.ca/jointly-owned-property-in-estate-planning/) - Explore the nuances of Jointly Owned Property In Estate Planning. Learn about co-ownership models, estate implications, and more.
- [When to Move Forward on Probate?](https://ontario-probate.ca/how-do-you-know-when-to-move-forward-on-probate/) - Initiate probate a few weeks to months after loss. Decode status through notifications, proactive steps, and consider legal expertise for clarity.
- [What is the Passing of Accounts?](https://ontario-probate.ca/what-is-the-passing-of-accounts/) - Master the Passing of Accounts in estate management. It resolves disputes transparently, ensuring trustee accountability. Costs, usually shared, are reasonable.
- [Posting a Surety Bond for Probate](https://ontario-probate.ca/posting-a-surety-bond-for-probate/) - Unlock the complexities of probate surety bonds with our comprehensive guide. Explore their purpose, intricacies, and alternative paths in estate management.
- [How to find the Original Will](https://ontario-probate.ca/how-to-find-the-original-will/) - Finding a will: explore hiding spots (bankboxes, courthouses, online), consult lawyers, broaden the search, document the journey, and seek legal help if needed.
- [Bonding for Beneficiaries and Creditors](https://ontario-probate.ca/bonding-protects-beneficiaries-and-creditors/) - Unlock the secrets of probate bonding! Our guide explores the vital role of bonding in estate administration, protecting beneficiaries and creditors.
- [Estate Trustee outside of Ontario](https://ontario-probate.ca/estate-trustee-outside-of-ontario/) - Managing Ontario estates as a non-resident trustee demands strategic approaches. Professional guidance for seamless execution.
- [The CRA and Clearance Certificates](https://ontario-probate.ca/the-cra-and-clearance-certificates/) - Clearance certificates are estate guardians, ensuring tax compliance and shielding against liabilities. Learn their essence and application in this guide.
- [Inheritances by children in Ontario](https://ontario-probate.ca/inheritances-by-children-in-ontario/) - In Ontario, a minor child (under 18) is not entitled to directly inherit funds. If a child is entitled to inherit (either under a will, or because of an intestacy) there are four options: The Will establishes a trust for the child The Will may establish a trust, and name the trustee. The trustee could
- [Keep Probate Litigation Costs Down](https://ontario-probate.ca/how-to-keep-probate-litigation-costs-down/) - Navigate probate wisely: Choose an adept attorney, explore alternatives, prioritize key issues, opt for contingency fees, and budget judiciously.
- [What are Contingency Fees in Estates](https://ontario-probate.ca/what-are-contingency-fees-in-estates/) - In probate, navigate wisely: Select a skilled attorney, explore ADR, prioritize issues, adopt contingency fees, and budget judiciously for a fair resolution.
- [Court Approval for Estate Accounts](https://ontario-probate.ca/court-approval-for-probate-accounts/) - Court Approval for Probate Accounts ensures transparency, equity, and dispute resolution in estate administration. Miltons Estate Law helps bring clarity
- [What are Interim Distributions?](https://ontario-probate.ca/what-are-interim-distributions/) - Unlock Interim Distributions in estate administration. Discover how they empower beneficiaries, balance taxation concerns, and navigate the role of holdbacks.
- [Why Do-It-Yourself Probate is Risky](https://ontario-probate.ca/why-do-it-yourself-probate-is-risky/) - Probate solo risks financial and emotional setbacks. Professional guidance ensures efficiency, shielding well-being and assets. Choose experts wisely.
- [How much does Litigation Cost?](https://ontario-probate.ca/how-much-does-litigation-cost/) - Explore the world of litigation expenses and the game-changing dynamics of contingency fees in estate disputes. Level the field and control costs wisely.
- [Estate Trustee Inaction](https://ontario-probate.ca/estate-trustee-inaction/) - Estate trustee inaction can lead to complex challenges. Understand the landscape with legal guidance, court intervention, mediation, and accountability measures
- [Executor isn’t administering the Estate](https://ontario-probate.ca/the-executor-isnt-administering-the-estate/) - Empower beneficiaries facing executor inaction. Learn about delays, third-party appointments, and ensure a timely resolution with expert legal guidance
- [How to Challenge a Will](https://ontario-probate.ca/how-to-challenge-a-will/) - Unlock the secrets of challenging a will in Ontario – from lack of capacity to undue influence. Navigate the complex legal journey with expert insights.
- [Challenging a Will In Ontario is Hard](https://ontario-probate.ca/challenging-a-will-in-ontario-is-difficult/) - Unlock the complexities of challenging a will in Ontario with insights into legal nuances, alternative approaches, and scenarios prompting contests.
- [Estates Without A Will](https://ontario-probate.ca/estates-without-a-will/) - Navigating estates without a will is a rich symphony of challenges. Seek professional guidance with Miltons Estate Lawyers
- [What Happens When There Is No Will?](https://ontario-probate.ca/what-happens-when-there-is-no-will/) - Explore complexities without a will: from intestacy pitfalls to family disputes. Proactive estate planning ensures clarity and legacy preservation.
- [Distributing Parts of an Estate](https://ontario-probate.ca/distributing-parts-of-an-estate/) - Learn their significance, the balance of efficiency, and the role of a 'holdback' strategy. Navigate the legal insights from Milton's Estate Lawyers
- [The rights of surviving spouses to an equalization claim](https://ontario-probate.ca/the-rights-of-surviving-spouses-to-an-equalization-claim/) - Equalization is the division of the net family property following the breakdown of a marriage either by death or separation. The right to equalization and the process is set out in The Family Law Act. Only married spouses have the right to equalization; common law spouses do not have this right. The Family Law Act
- [Three rules of executor liability for debts of an estate](https://ontario-probate.ca/three-rules-of-executor-liability-for-debts-of-an-estate/) - Rule 1 An executor is not automatically liable for the debts of the deceased just because they are the executor. When you step into the role of the executor of an estate you do not automatically become personally liable for all of the debts of the deceased. Therefore, do not get hounded into believing that
- [Top 5 Estate Planning Mistakes in Ontario](https://ontario-probate.ca/top-5-estate-planning-mistakes-in-ontario/) - The most common and important mistakes in estate planning are not about complex issues. They are basic mistakes about the fundamentals. 1. Not having a will The rules for how an estate is divided in Ontario when there is no will (intestate succession) can have some shocking consequences. Remarkably few people are aware that if
- [Beneficiary designations: be very careful](https://ontario-probate.ca/beneficiary-designations-be-very-careful/) - 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 to name an individual as the beneficiary of the plan or insurance, rather than “your
- [What to do when the executor will not act](https://ontario-probate.ca/what-to-do-when-the-executor-will-not-act/) - 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 having collected the assets (for instance, sold properties), or having filed tax returns or distributed
- [Life insurance is not normally an estate asset](https://ontario-probate.ca/life-insurance-is-not-normally-an-estate-asset/) - 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 have been the policy owner). As a result, usually life insurance proceeds flow directly to
- [The executor: how long to wrap up an estate](https://ontario-probate.ca/the-executors-year-how-long-to-wrap-up-an-estate/) - 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, and distribute the estate remaining assets to the beneficiaries. Of course, if the estate is
- [They won’t show you the Will of the deceased](https://ontario-probate.ca/what-to-do-when-they-will-not-show-you-the-will-of-the-deceased/) - 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 to everyone who might want one, and certainly no obligation to do so a day
- [When you can’t find a Will of the deceased](https://ontario-probate.ca/what-to-do-when-you-cannot-find-a-will-of-the-deceased/) - 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 one and thus died intestate, and of course, the difference can be very significant. Here
- [When the surviving spouse chooses equalization over inheritance](https://ontario-probate.ca/when-happens-when-the-surviving-spouse-elects-for-equalization-rather-than-inheritance/) - If a surviving married spouse chooses to receive an equalization payment rather than an inheritance, then If there was a will: unless it is clearly specified in the otherwise in the Will, the surviving spouse forfeits all entitlements under the Will. This will also have the result of the deceased’s Will being interpreted as if
- [Separation and divorce](https://ontario-probate.ca/separation-divorce-and-estates/) - 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. These rules also now apply to parties who were 'separated' at the time of death,
- [Form for probate, with a will.](https://ontario-probate.ca/form-for-probate-with-a-will/) - Use this form to submit information to us so that we can prepare an engagement letter, and if you agree to proceed, the Application for the Court.
- [When an estate has debt.](https://ontario-probate.ca/when-an-estate-has-debt/) - Stay calm There is nothing wrong with the deceased leaving a few unpaid bills at death. However, too much debt can spell trouble for a prospective executor. It is very important for a prospective executor to get a clear picture of the debts and assets of the deceased as quickly as possible and before going
- [Dependents claims against an estate](https://ontario-probate.ca/dependents-claims-against-an-estate/) - 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 these are claims for support, not inheritance, and the estate must pay the support before
- [The high cost of no will](https://ontario-probate.ca/the-high-cost-of-now-will/) - Stop complaining about the cost of wills. Almost any will is better than no will, and will result in huge savings of time, money and grief later.

## Pages

- [Home](https://ontario-probate.ca/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Vaughan Estate Lawyers](https://ontario-probate.ca/vaughan-wills-trusts-and-estate-lawyers/) - Vaughan Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [New Page](https://ontario-probate.ca/estate-tax-returns-and-cra-clearance-for-executors/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Costs: estate settlement](https://ontario-probate.ca/costs-help-for-estate-trustees/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Income tax info for estate trustees](https://ontario-probate.ca/income-taxes-for-estate-trustees/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Why is the last income tax return of the deceased so complicated?](https://ontario-probate.ca/why-is-the-last-income-tax-return-of-the-deceased-so-complicated/) - The Terminal Return is the deceased person's final personal income tax return. It covers the period from January 1 to the date of death, in the last year of life. All income actually earned during the period must be reported, such as: Employment income Pension income Government benefits Investment income RRSP/RRIF withdrawals(where applicable) Any other
- [Why is there often a large income tax bill for the estate?](https://ontario-probate.ca/why-is-there-often-a-large-income-tax-bill-for-the-estate/) - Large tax bills are an unpleasant surprise for many estate trustees. Often, the bill is much larger than the deceased ever paid during their lifetime, especially if they had a modest income. Why? Because Canadian income tax law deems the deceased to have sold their assets immediately before death, even if they were not actually
- [Probate application information](https://ontario-probate.ca/contact-form/probate-application-information/)
- [Divorce, Separation & Marriage: Effect on Wills and Probate](https://ontario-probate.ca/re-marriage-divorce-and-separation-effect-on-the-will-and-inheritance/) - When analyzing 'who gets what' when the testator was divorced or separated 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. These rules also now apply to parties who were still legally but 'separated' at
- [Pre-paid consultations with Angie Wynn](https://ontario-probate.ca/pre-paid-consultations-planning/) - Use this form to pay for a consultation with Angie Wynn Choose a consultation with Angie Wynn ($375 + HST) if you are an estate trustee, have questions about estate administration or accounting, or require our estate trustee services. Choose another consultation option if you have questions about an estate dispute (including non-performance by an
- [Pre-paid consultations](https://ontario-probate.ca/pre-paid-consultations/) - Use this form to pay for a consultation with Neil Milton ($575 + HST) We also offer pre-paid one hour consultations with other legal professionals: Hala Tabl on any aspect of probate, estate administration or dispute resolution; and, A probate specialist ($325 + HST) about probate applications. These consultations feature: By phone or video conference
- [Estate trustee services](https://ontario-probate.ca/estate-administration-executor-service/) - Professional Estate Trustee Services We often help by acting as the estate trustee. In this role, we handle the entire estate, from probate to final distribution and we do so as quickly and professionally as possible. We are usually asked to be the estate trustee when there is no suitable family member or relative to
- [Estate Administration Bonds](https://ontario-probate.ca/probate-basics/estate-administration-bonds/) -  Bonding Basics Surety bonds, a form of insurance are a means to protect the creditors and beneficiaries of the estate – if the trustee does not perform, the bond provides a backstop. Often estate trustees first hear about the requirement to bond when their initial Application for a Certificate of Estate Trustee is rejected
- [income tax services for estates](https://ontario-probate.ca/income-taxes-for-estates-2/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Probate Applications - Two Service Options](https://ontario-probate.ca/probate-applications/) - Ontario Law Firm specializes in Wills, Estates and Probate. We’ve successfully filed hundreds of probate applications. Get it done right the first time
- [Real estate services](https://ontario-probate.ca/real-estate-services/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Validity of wills](https://ontario-probate.ca/signing-wills-in-ontario/) - The rules about signing wills are strict. If they are not followed, some or all of the will can be invalid, and certainly it will cause grief.
- [Applications for probate with a Will in Ontario](https://ontario-probate.ca/applications-for-probate-with-a-will-in-ontario/) - The application process is complex. Regardless of the simplicity of the estate and the Will a number of issues must be considered and proper documents prepared, signed, and filed. The steps include - Find the Will, and determine if it is valid and probatable Determine who has the right to apply as estate trustee Determine
- [ETDL Services (estate trustee during litigation)](https://ontario-probate.ca/etdl-services-estate-trustee-during-litigation/) - Effective, efficient and fair ETDL services We provide ETDL services that are efficient, effective and of highest integrity. In this role, we handle the entire estate while litigation is on-going. Usually, this includes ensuring that assets are protected, monetized and invested prudently, and liabilities and expenses are paid on time. We are very well-suited to
- [Estate settlement help from probate to closure](https://ontario-probate.ca/estate-settlement-help-from-probate-to-closure/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Costs: real estate services](https://ontario-probate.ca/costs-real-estate-services/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Pre-paid consultations with Hala Tabl](https://ontario-probate.ca/pre-paid-consultations-with-hala-tabl/) - Use this form to pay for a consultation with Hala Tabl Choose a consultation with an experienced estate lawyer ($475 + HST) if you have questions or concerns about any aspect of probate, estate administration, accounting, or an estate dispute, including about non-performance by an executor or estate trustee. By phone or video conference only
- [costs: income tax services for estates](https://ontario-probate.ca/costs-income-tax-servies/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Income tax when a house passes to the spouse of the deceased](https://ontario-probate.ca/tax-for-jointly-owned-houses-on-death/) - Deemed dispositions on death In Canadian income tax law, a taxpayer is deemed to dispose of all of their assets on the date of death. This means that a homeowner is deemed to have disposed of their ownership share of any house on the date that they die. This applies to jointly owned houses, as
- [Step 1: become the representative of the deceased](https://ontario-probate.ca/income-taxes-for-estates/) - A requirement for all estates Income taxes must be dealt with for every estate. However, before anyone can start to deal with the income taxes of the deceased or the estate, that person must be recognized by Canada Revenue Agency (CRA) as the 'representative of the deceased'. This requirement that someone become the 'representative of
- [Step 2: appoint an authorized representative](https://ontario-probate.ca/step-2-appoint-an-authorized-representative/) - Dealing with estate taxes Step 2: the trustee appoints an authorized representative. Unless the representative of the deceased (the estate trustee) wants to file income tax returns for the deceased by themselves, the second step for dealing with the 'estate' income taxes (the taxes of the deceased), the estate trustee needs to appoint their own
- [Tax deadlines for estates in Ontario](https://ontario-probate.ca/tax-deadlines-for-estates-in-ontario/) - Stay calm, don't panic. File returns as soon a practicable, pay taxes as soon as practicable. Apply for relief from penalties and interest when delay was unavoidable. Deadline to file ≠ deadline to pay Taxpayers have a duty to file tax returns 'on time' (before the deadline). However, payment of the taxes due is separate
- [Tax treatment of estate trustee compensation](https://ontario-probate.ca/tax-treatment-of-estate-trustee-compensation/) - Estate trustee compensation is taxable income. If the trustee receives compensation for their services, both the estate and the estate trustee have tax obligations they must comply with. Trustee is sole beneficiary : no compensation As a result, if the estate trustee is the sole beneficiary of the estate there is absolutely no reason to
- [Income taxes Step 3: gather information](https://ontario-probate.ca/income-taxes-step-3-gather-information/) - Income taxes Step 2, appointment of an authorized representative is found here. Income taxes Step 4, prepare and file all necessary returns is found here. The third step in dealing with income taxes for the deceased and the estate is to gather all relevant information. The information to gather includes, if possible - the last
- [Step 4: file income returns](https://ontario-probate.ca/step-4-file-income-returns/) - Dealing with estate taxes Step 4: file returns. Income tax returns should be filed for each year in sequence. Usually the filings are by the authorized representative of the estate trustee (Miltons or other tax professional). Many years of arrears are common It is not uncommon for the deceased to have stopped filing tax returns
- [Vehicle transfers by estates](https://ontario-probate.ca/vehicle-transfers-by-estates/) - Many Ontario estates include a vehicle. The estate trustee must transfer it. Sometimes, transfers are possible without probate.
- [Advice for Executors & Estate Trustees](https://ontario-probate.ca/advice-for-executors/) - We help estate trustees administer estates. There are many steps to administering an estate and many are time-consuming, stressful and challenging chores. We help make it easier. Download a checklist of estate trustee duties here. Our experience and expertise can help make the process faster, easier, and much less stressful and frustrating. Want help now?
- [Interim distributions](https://ontario-probate.ca/interim-distributions/) - The duty to distribute, prudently and promptly The problem: excessive delay. Many estate trustees are under the misapprehension that they cannot make any distribution to beneficiaries until a final clearance certificate has been received from Canada Revenue Agency (“CRA”). This is false. The cause: excessive 'prudence' A trustee has the discretion to make one or
- [Income taxes for estates: summary and glossary](https://ontario-probate.ca/income-taxes-for-estates-summary-and-glossary/) - Nothing in this note is legal or accounting advice! Some key terms: Income Receipts (including deemed disposition fair value) minus direct ‘capital account’ costs for acquisition, improvement and disposition. Tax credits Items that reduce the tax payable. Important examples include the Disability Tax Credit, … Deductions Reduce the taxable income. Important common examples include
- [Probate DIY - Start here](https://ontario-probate.ca/probate-diy-the-core-forms-and-assessment-of-your-needs/) - Probate applications are often complex. This complexity is NOT related to the size of the estate. After you complete this questionnaire we will immediately send you - The correct core forms for your application, Information on each 'beyond-the-core' requirement for your application (customized for you, not generic information) and, Detailed instructions on how to file
- [Costs - full service probate](https://ontario-probate.ca/costs-probate/) - Ontario Law Firm specializes in Wills, Estates and Probate. Our fixed, fair fees are transparent and clear, with no surprises.
- [Information about estate settlement and administration](https://ontario-probate.ca/estate-administration-information/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Inheritance information](https://ontario-probate.ca/inheritance-information/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Joint ownership/joint tenancy](https://ontario-probate.ca/probate-basics/joint-ownership/) - This page is about joint ownership of assets (houses and savings) for probate and estate disputes For information on 'beneficiary designations' click here. For information about joint ownership in estate planning click here. Joint ownership with a right of survivorship is not the same as ownership by tenants-in-common: the difference is explained here General principles
- [Costs - disputes & litigation](https://ontario-probate.ca/costs/costs-disputes-litigation/) - We resolve disputes We assist our clients to resolve disputes related to all aspects of wills, estates, probate and powers of attorney, including litigation and passing of accounts. If Court proceedings are required, we are firm, fair, and effective advocates who prefer to move things forward as quickly and pragmatically as possible. We believe strongly
- [Contact Miltons Estates Law](https://ontario-probate.ca/contact-form/) - Ontario Law Firm specializes in Estates and Probate. Advising executors and beneficiaries and resolve estate disputes. Estate probate and taxes, administration, litigation. No Will drafting. Contact us today for flat-fee pricing.
- [Probate advice for diy applicants](https://ontario-probate.ca/probate-advice/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Probate information](https://ontario-probate.ca/probate-information/) - Home Information Probate info Start Probate Now Videos & Podcast Probate forms in Ontario Probate Process in Ontario Free eBook: Probate in Ontario Probate Basics When is probate required? How long does probate take? Information required for probate Finding the last will Probate – No Will Probate – with a Will Joint ownership of houses,
- [Joint ownership of houses, bank accounts, investments etc.](https://ontario-probate.ca/joint-ownership-of-houses-bank-accounts-investments-etc/) - Joint ownership with your spouse is a very different thing from joint ownership with an adult child. The later can be an estate planning disaster.
- [Court applications](https://ontario-probate.ca/court-applications/) - Estates and trusts can be complicated. Often, it is necessary to get the Courts involved to resolve complex situations, even though there is no dispute between parties. In estates, this often means proceeding by way of 'application' rather than 'by statement of claim'. We handle many contentious and non-contentious Court applications for executors including: Passing
- [Costs - estate accounts and accounting](https://ontario-probate.ca/costs/costs-estate-accounts-and-accounting/) - Estate accounting and the right to receive accounts Executors must account for the estate, and beneficiaries are entitled to receive, review, and challenge the accounts including any compensation claimed by the executor. We represent both estate trustees and beneficiaries to deal with this crucial part of the estate administration process. Learn more here about estate
- [Estate accounting & passing of accounts](https://ontario-probate.ca/estate-accounting-passing-of-accounts/) - Preparing estate accounts requires skill, care, and effort. Estate accounts are not the same as regular accounting. Preparing estate accounts in proper Court form requires detailed knowledge of the law, rules, and practice, and it certainly helps if you have experience and specialized software. Learn more estate accounts here, and about passing estate accounts here. We
- [Pre-paid consultations on probate matters](https://ontario-probate.ca/pre-paid-consultations-on-probate-matters/) - Use this form to pay for a consultation with an expert about your probate application We offer pre-paid one hour consultations : $325 + HST ($367.25). By phone or video conference only (no travel or parking). No in-office or in-person consultations. No pressure, no selling, just clear advice on probate applications. Do not use this
- [Probate Process in Ontario](https://ontario-probate.ca/probate-process-in-ontario/) - Analyse Determine if probate is required 1. Is probate required? Not all estates require probate. In particular, often it is not required for the ‘first spouse’ to die. Learn more about whether probate is required here. Court documents Determine what documents to file 2. Forms & Orders Different forms and orders are required for different
- [Probate forms in Ontario](https://ontario-probate.ca/probate-forms-in-ontario/) - Choosing the right forms for probate is complex There are many factors to consider The Application Form 74A or 74.1A Which form to use for the application itself depends on the size of the estate (small or regular) and whether there is or is not a Will. The Order Always include the Draft Order When
- [Videos & Podcast](https://ontario-probate.ca/radio/) - Learn more about Ontario Probate from the Miltons Estates Law team! Here are some of our media appearances recently where you can glean information on everything executors, probate, trustees and estates!
- [Re-probating an estate in Ontario](https://ontario-probate.ca/estates-away-from-home/) - Re-sealing and ancillary grants of probate Many estates involve issues in multiple jurisdictions. Because estates are a matter of provincial and state law (rather than federal law), there are over 60 different estate jurisdictions in North America alone. Estates in Ontario, Away from Home We are experienced in assisting people administer estates in Ontario from
- [Filing a Notice of Objection](https://ontario-probate.ca/a-notice-of-objection/) - Notices of Objection are an important tool for resolving estate disputes in Ontario. They create an obstacle to probate that must be 'dealt with' before the probate application can proceed. Notices of Objection are therefore a very important tool for protecting the rights of people who object to the Will or to a potential or
- [Information about probate](https://ontario-probate.ca/information-about-probate/) - Ontario estates law. We advise executors and beneficiaries on wills and probate, and resolve estate disputes.
- [Probate of holographic Wills](https://ontario-probate.ca/probate-of-holographic-wills/) - Holographic Will = handwritten and signed by testator It is possible to probate a holographic Will in Ontario. There are three key requirements The document must be entirely handwritten by the testator, The document must be signed at the end by the testator, and For probate, there must be 'proof' that this is the handwriting
- [CRA clearance certificates for income taxes](https://ontario-probate.ca/clearance-certificates/) - Is a clearance certificate always required? No. Is getting a clearance certificate recommended? Usually. A clearance certificate is how CRA certifies that no taxes are due The concern A trustee can be personally liable for unpaid taxes. Therefore, if a trustee distributes an estate when in fact taxes were due, the trustee may have to
- [Our experts save you time, stress, and money](https://ontario-probate.ca/our-experts-save-you-time-stress-and-money/) - Ontario Law Firm specializes in Wills, Estates and Probate. Experts that save you time and money. Don’t stress yourself out - hire us, your probate experts. Free, no obligation quote.
- [Estate Litigation](https://ontario-probate.ca/litigation/) - We resolve Ontario estate disputes. Resolving estate disputes requires special expertise: expertise in the law and Court practice, expertise in understanding family dynamics, and a practical approach to dispute resolution. We are firm, fair, and effective advocates who help our clients resolve disputes as quickly and pragmatically as possible. We believe strongly in trying to
- [Pre-paid consultations about estate disputes](https://ontario-probate.ca/pre-paid-consultations-about-estate-disputes/) - Use this form to pay for a consultation with Maxine Birdsell Choose a consultation with an estate litigation lawyer ($375 + HST) if you have questions or concerns about an estate dispute, including about non-performance by an executor or estate trustee. Choose another consultation option if you have questions about how to administer an estate
- [Probate - Guided DIY](https://ontario-probate.ca/probate-diy-costs-forms-advice-help/) - Your application. Our advice & help at each step. Save time, money and stress File a complete and correct application the first time. When you complete the intake questionnaire, we will immediately provide you with the correct core forms detailed instructions on completing and filing your application a detailed assessment of all of the beyond-the-core
- [Probate - Guided DIY Applications](https://ontario-probate.ca/probate-diy-applications/) - Your application. Our advice & help at each step.We make it simple for you.1. Clear ProcessWe tell you what you need to do to complete a trouble-free application that gets approved by the Court. Not confusing baffle-gab, no piles of irrelevant information. Just the Court requirements for your appplication. 2. Expert adviceWe have successfully filed
- [Free eBook: Probate in Ontario](https://ontario-probate.ca/probate-basics/free-ebook/) - Receive our free eBook on Probate by email. Answers all the most common questions immediately, in a printable shareable form.
- [Small and very small estates](https://ontario-probate.ca/small-and-very-small-estates/) - Insolvent estates Learn more about insolvent estates here. Vehicle-only Some estates include only a vehicle in the name of the deceased (owned, not leased, by the deceased). Sometimes it is possible to transfer these vehicles to the sole beneficiary of the estate (often a spouse) without probate although if there is an outstanding loan registered
- [Probate Applications - Full Service](https://ontario-probate.ca/probate-applications-full-service/) - The low stress, full-service option. We make it simple for you.ASK A QUESTIONSCHEDULE A SHORT CALLSTART PROBATE NOWWe handle every aspect of your complete application1. Clear ProcessWe tell you up front the process and timelines, and we stick to them. See below for more details. 2. Expert adviceWe have successfully filed hundreds of probate applications,
- [Probate Applications - Guided DIY](https://ontario-probate.ca/probate-applications-diy/) - Do it yourself, with our expert advice helping you at each step. ASK A QUESTIONSCHEDULE A SHORT CALLSTART PROBATE NOWWe make it simple for you1. Clear ProcessWe tell you up front the process and timelines, and we stick to them. See below for more details. 2. Expert adviceWe have successfully filed hundreds of probate applications,
- [Consents](https://ontario-probate.ca/consents/) - You must provide to the Court a signed consent from beneficiaries who will inherit at least 50% of the estate. However, to qualify for an Order to dispense with a bond, you must provide the Court with a signed consent from all beneficiaries of the estate. Download Form 74G - Consent Bonding is a complex
- [Renunciations](https://ontario-probate.ca/renunciations/) - You must provide to the Court a signed renunciation from each person with an equal or higher right to apply to be the estate trustee than you who is renouncing the role. Download Form 74G - Renunciation If you need any assistance with reunciations, please contact us.
- [Proving the signature on the Will with an affidavit of execution](https://ontario-probate.ca/proving-the-signature-on-the-will-with-an-affidavit-of-execution/) - When an application for a certificate of appointment of estate trustee with a Will (probate of a Will) is filed in Ontario the applicant must file proof that the signature on the Will is the valid signature of the deceased testator. The most common means of proof is via an 'affidavit of execution' of the
- [Thank you](https://ontario-probate.ca/thank-you/) - Thank you. We will respond as soon as possible. Please check your email for the material that we have sent you, especially if you have submitted a DIY Probate form. For DIY Probate it is likely that we will send you several different emails. Each is important. If you wish to schedule a brief call
- [Probate forms and guidance](https://ontario-probate.ca/probate-forms-and-guidance/) - Complete this form to receive by email the complete core forms for your probate application and detailed instructions on what to do next. This will include guidance on whether any additional steps will be required for your particular application - from your answers we will identify whether your application requires more than just the core
- [When is probate required?](https://ontario-probate.ca/when-is-probate-required-2/) - When is probate required? Often. Probate is required for most estates in Ontario. In a few, relatively rare cases, the requirement to probate is waived or avoided by pre-death planning. Probate is required when Court approval of the vesting of the assets of the deceased in the estate trustee is required – either to validate
- [eBook on Estate Disputes in Ontario](https://ontario-probate.ca/free-ebook-on-estate-disputes-in-ontario/) - Download our free eBook on Estate Disputes in Ontario, a PDF guide. We never use your email. No marketing, no spam.
- [Debts & Insolvent Estates](https://ontario-probate.ca/debts-insolvent-estates/) - BENEFICIARIES DO NOT INHERIT DEBT The next-of-kin do not inherit the debts of their relative. If your father died with more debts than assets, you are not immediately liable for any of his debts (unless you co-signed or guaranteed). As next-of-kin or a possible beneficiary, it is not your responsibility to ensure that the debts of
- [Probate Tax (Estate Administration Tax)](https://ontario-probate.ca/probate-basics/probate-fees-taxes/) - EAT - Estate Administration Tax “Probate fees” or 'probate tax' must be paid to the government of Ontario when an estate is probated. Learn more about probate basics here. The proper name for this tax is Estate Administration Tax which is often abbreviated to 'EAT' (said E-A-T) EAT is paid from the estate and is
- [Probate Basics](https://ontario-probate.ca/probate-basics/) - What is probate? Probate is the Court procedure for: formal approval of the Will by the Court as the valid last Will of the deceased (if there was a Will); and whether there is a Will or not, appointment of the person who will act as the executor of the estate. Probate is the Court
- [Contact Info](https://ontario-probate.ca/contact-info/) - Miltons Estates Law Email: info@ontario-probate.ca (preferred) Tel: 1-888-981-7296 (voice mail only) Fax: 1-866-397-9227 Initial consultations by phone, email or video only. No in-person consultations. We need to review all available documentation before the consultation. Please send by email. We practice across Ontario. We do not charge for travel. We go to Court everywhere in Ontario.
- [Non-resident trustees](https://ontario-probate.ca/non-resident-trustees-2/) - There is no requirement that an estate trustee must be resident in Ontario. However, non-residence of the trustee creates some important issues with respect to probate, specifically bonding (learn more here); income taxes; investment management. Download this page as a PDF here: Intestacy (No Will) When there is no Will, with very rare exceptions, the
- [Will Challenges in Ontario](https://ontario-probate.ca/will-challenges-in-ontario/) - There are only a very few grounds that a will in Ontario can be successfully contested through the Courts. Judges do not have the discretion to set aside Wills simply on the basis that they are unfair or unexpected or do not leave the estate to the children of the deceased. The basic rule in
- [The slow estate trustee](https://ontario-probate.ca/the-slow-estate-trustee/) - The estate trustee is obliged to administer the estate in a 'reasonable period of time'. How long is reasonable? The answer depends on the estate. Some estates are more complex than others. There is a traditional concept of "the executor's year" during which the executor should probate, collect assets, and administer the estate. This provides
- [Inheritance by a child under 18](https://ontario-probate.ca/inheritance-by-a-child-under-18/) - In Ontario, a minor child (under 18) is not entitled to directly inherit funds. If a minor child is entitled to inherit (either under a will, or because of an intestacy) there are four options as discussed below. Remember, it is impossible to do 'estate planning' after death. What the estate trustee may be able
- [Litigation costs and offers to settle](https://ontario-probate.ca/litigation-costs-and-offers-to-settle/) - Some very approximate costs One of the great challenges in pricing litigation is that so much depends on how the other party or parties behave. Nevertheless, it is often quite expensive. Here are some very rough approximate costs - Starting litigation $5000+ (preparing of the Notice of Application, and a supporting affidavit from our client,
- [Contingency Fees For Estate Disputes](https://ontario-probate.ca/contingency-fees/) - Contingency Fees in Estate Litigation Contingency fees are 'success fees'. When legal fees are payable on contigency they are payable when the claim 'succeeds' and not before. Generally, when the client engages a lawyer on contingency, if the lawyer's efforts do result in recovery of funds for the client, then the client does have to
- [Executor compensation disputes](https://ontario-probate.ca/executor-compensation-disputes/) - Executor compensation disputes Estate disputes often boil down to a dispute about how much compensation the estate trustee is entitled to. If trustee compensation cannot be agreed to, then it should be fixed as part of a passing of accounts. Estate trustees are entitled to reasonable compensation Being an estate trustee is a job. It
- [Retention, revocation and destruction of wills](https://ontario-probate.ca/retention-revocation-and-destruction-of-wills/) - What happens when the original cannot be found? Where should you keep an original will? How do you destroy or revoke a will?
- [The duties of the attorney](https://ontario-probate.ca/the-duties-of-the-attorney/) - The test applied to the conduct of the attorney depends on whether the grantor is capable or incapable. As long as the grantor is capable, the attorney is an “agent” of the grantor and can act accordingly; if the grantor is incapable, the attorney is a fiduciary whose powers and duties shall be exercised and
- [Beneficiary designations on RRSPs, insurance, etc.](https://ontario-probate.ca/beneficiary-designations-on-rrsps-and-insurance/) - Beneficiary designations on RRSPs, life insurance, etc. can really mess up your estate planning. Learn more here.
- [The powers of the attorney](https://ontario-probate.ca/the-powers-of-the-attorney/) - What the attorney can do Unless otherwise restricted in the power of attorney document, an attorney has the authority “to do everything that the grantor can do, except make a will”. This is enormous power. It should be granted and handled with great care. The actions of an attorney can have a massive impact
- [Disputes about actions of an attorney for property](https://ontario-probate.ca/disputes-about-actions-of-an-attorney-for-property/) - Unfortunately, disputes about the conduct of attorneys for property are common. While there are many possible flavours of these disputes, one of the most common is a dispute between siblings about how one child managed the finances of their last surviving parent. Here is an outline of the general principles, and the rights and obligations
- [Choosing the right attorney](https://ontario-probate.ca/choosing-the-right-attorney/) - Choose carefully: an attorney has enormous power Being an attorney is a demanding job that requires skill, integrity and judgment. It is not easy, or quick, or just a favour. An attorney has enormous power, and an incompetent or selfish attorney can do a lot of damage. Choosing an attorney is not about choosing who
- [Winnipeg Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/winnipeg-wills-trusts-and-estate-lawyers/) - Winnipeg Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Windsor Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/windsor-wills-trusts-and-estate-lawyers/) - Windsor Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Wills and marriage, divorce & re-marriage](https://ontario-probate.ca/wills-and-marriage-divorce-re-marriage/) - Marriage, divorce and remarriage - learn how they impact wills in Ontario
- [What happens if the executor dies?](https://ontario-probate.ca/what-happens-if-the-executor-dies/) - If an estate trustee dies before an estate is administered, who succeeds them readily to become the estate trustee depends on a number of factors, the most important of which is whether the estate has been ‘probated’ (a Certificate of Appointment of Estate Trustee issued by the Court) or not. Before probate No will In
- [Waterloo Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/waterloo-wills-trusts-and-estate-lawyers/) - Waterloo Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Vaughan Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/vaughan-wills-and-estate-lawyers/) - Vaughan Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Vancouver Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/vancouver-wills-trusts-and-estate-lawyers/) - Vancouver Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Toronto Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/toronto-wills-trusts-and-estate-lawyers/) - Toronto Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [The executor will not show the Will to the family](https://ontario-probate.ca/the-executor-will-not-show-the-will-to-the-family/) - Problem: An executor who will not show the Will of the deceased to family. Possible solutions: Wait for the executor to probate and receive a copy in the mail, and if not obtain a copy from the Court Commence Court proceedings to compel the executor to act have someone else appointed the estate trustee. These
- [The disagreeable beneficiary](https://ontario-probate.ca/the-disagreeable-beneficiary/) - Sometimes, a beneficiary simply refuses to be reasonable. This is particularly common with respect to accounts prepared by the estate trustee. These recalcitrant beneficiaries will not sign a release, and will not approve the accounts. Often, they will threaten repeatedly to 'take the estate trustee to court' or 'force them to pass accounts', although often
- [Taxes for estates](https://ontario-probate.ca/taxes-for-estates/) - No inheritance taxes There are no inheritance taxes or gift taxes in Ontario payable by the recipient of funds. When you are alive you can give money at any time to an adult child. The child will not have to pay any gift taxes. You, however, should be careful about a) capital gains taxes that
- [Richmond Hill Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/richmond-hill-wills-trusts-and-estate-lawyers/) - Richmond Hill Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Renunciation and resignation](https://ontario-probate.ca/renunciation-and-resignation/) - Explore your options as an estate trustee: act or renounce. Learn about the responsibilities, renunciation process, and conditions for resigning. Essential for executors and potential trustees in estate administration
- [Releases](https://ontario-probate.ca/releases/) - Why trustees ask for releases It is very common for an estate trustee to request that a beneficiary sign a ‘release’ before the estate trustee pays a distribution to the beneficiary. The reason that estate trustees request a release is to have certainty that the beneficiary agrees with how the estate has been administered and
- [Probate in Ontario of Foreign Estates](https://ontario-probate.ca/probate-in-ontario-of-foreign-estates/) - Have you already probated elsewhere and need to deal with assets in Ontario? Different rules apply depending on two things - Was there a will? and, If there was no will was probate previously granted anywhere in the British Commonwealth (including all Provinces of Canada), or outside the Commonwealth (including the United States). From
- [Probate - with a Will](https://ontario-probate.ca/probate-basics/probate-with-a-will/) - Generally, the executor is named in the Will. This person may act as the executor, but is not obligated to. Renunciation Someone who is named as an executor in a will may decline to take on the role by "renouncing" the appointment. This is not uncommon for executors who are not able to act -
- [Probate - No Will in Ontario](https://ontario-probate.ca/probate-basics/probate-no-will/) - Probate when there is no will Probate without a Will is much harder than when there is a Will. This is actually one of the most important reasons for having a Will for most people, often even more important than the distribution of assets. Learn more about who will inherit what when there is no
- [How long does probate take?](https://ontario-probate.ca/probate-basics/how-long-does-probate-take/) - How long does it take to prepare and file a probate application? How long does it take from filing a probate application until grant of probate? How long from grant of probate until distribution of funds by the estate trustee? How long does it take to prepare and file a probate application? For an experienced
- [Death of the estate trustee](https://ontario-probate.ca/probate-basics/death-of-the-estate-trustee/) - What happens if the executor or estate trustee dies? If an estate trustee dies (or becomes incapable) before they have finished administering the estate, who succeeds them to become the new estate trustee depends on a number of factors, the most important of which is whether the estate has been ‘probated’ (a Certificate of Appointment
- [Avoiding Probate Tax](https://ontario-probate.ca/probate-basics/avoiding-probate-tax/) - Many techniques exist to minimize probate fees, but many require proper planning by the testator prior to death. Get good advice The most common effective technique after death is to arrange for the legal transfer of all assets to the intended beneficiaries without probate. This is difficult, but sometimes possible with very good legal advice
- [Ottawa Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/ottawa-wills-estates-trusts-probates-lawyers/) - Ottawa Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Oakville Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/oakville-wills-trusts-and-estate-lawyers/) - Oakville Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [No Will from the Deceased? Start Here](https://ontario-probate.ca/no-will/) - ... = big difference (often, no will = big mess) In Ontario, when you die without a will (“intestate” or “intestacy” are the formal legal phrases), virtually every aspect of your estate is different from the norm if you had made a will. Key differences include: who can/should apply for probate; who will be responsible
- [Newmarket Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/newmarket-wills-trusts-and-estate-lawyers/) - Newmarket Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Newmarket Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/newmarket-wills-estate-and-trusts-lawyers/) - Newmarket Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Mississauga Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/mississauga-wills-trusts-and-estate-lawyers/) - Mississauga Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Mediation of estate disputes](https://ontario-probate.ca/mediation-of-estate-disputes/) - Mediation of Estate Disputes Mediation is a dispute resolution technique. It is different from arbitration or adjudication. In arbitration or in court, a third party ‘makes a decision’ and it is imposed on the parties to the dispute. In mediation, the parties either 'reach agreement' or they do not, but nothing is ever imposed on
- [Markham Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/markham-wills-trusts-and-estates-lawyers/) - Markham Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Kitchener Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/kitchener-wills-trusts-and-estate-lawyers/) - Kitchener Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Inheritance Taxes & Estate Taxes](https://ontario-probate.ca/inheritance-taxes/) - No inheritance taxes in Ontario There are no true inheritance taxes in Ontario. In other words, there are no taxes that a person who inherits from an estate must pay. Beneficiaries do not pay tax on the money they inherit from an estate. Taxes payable by an estate There are some taxes that the estate
- [Home ownership: joint tenants and tenants in common](https://ontario-probate.ca/home-ownership-joint-tenants-and-tenants-in-common/) - For many Ontarians, their home is their most valuable asset. However, the details of how title to the property is held is crucial for determining 'who gets what' on death of a homeowner. Don't know how a title to a real property is held? Get a current title search. There are three main ways that
- [Hamilton Wills, Trusts and Estate Lawyers | ONTARIO PROBATE](https://ontario-probate.ca/hamilton-wills-trusts-and-estate-lawyers/) - Hamilton Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Halifax Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/halifax-wills-trusts-and-estate-lawyers/) - Halifax Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Guelph Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/guelph-wills-trusts-and-estate-lawyers/) - Guelph Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Finding the last will](https://ontario-probate.ca/finding-the-last-will/) - This page is not about 'when the executor will not show family the will'. That issue is addressed here. Whether or not the deceased made a will makes a profound difference for two quite different issues: Who will inherit what? Do the rules for intestacy or with a will apply to the probate process? Unfortunately,
- [Executor's rights](https://ontario-probate.ca/executors-rights/) - Executor's Rights It is good practice for an estate trustee to provide information and updates to beneficiaries. However, the executor has the right, and the duty, to administer the estate in a timely fashion. Beneficiaries have no right to manage the administration, nor to demand they make decisions or be involved in any aspect of
- [Passing of Accounts](https://ontario-probate.ca/executor-role/passing-of-accounts/) - The estate trustee has a duty to account to the beneficiaries 'of the residue' of the estate The residue is 'what is left at the end'. This contrasts with 'specific bequest' beneficiaries who receive a specific item or dollar value. In the rest of this page below, references to 'the beneficiaries' or 'a beneficiary' are
- [Inheritance - no will](https://ontario-probate.ca/executor-role/inheritance-no-will/) - When there is no will the distribution of the estate is according to statute. Often, the results are arbitrary and unfair, especially for common law spouses.
- [Executor's Compensation](https://ontario-probate.ca/executor-role/executors-compensation/) - Being an estate trustee is hard work, and is a position of responsibility and trust. It requires considerable effort, careful attention to detail, tenacity, and a wide variety of tasks. Many people find these tasks challenging and difficult. Being an estate trustee is never simple and it can be very demanding and stressful. Don't want
- [Executor's checklist](https://ontario-probate.ca/executor-role/executors-checklist/) - A checklist for estate executors
- [Executor Basics](https://ontario-probate.ca/executor-role/) - The most fundamental principle of estate law is that executors are trustees: they receive the estate ‘in trust from the deceased, and administer and then distribute it for the benefit of the beneficiaries’. The formal contemporary legal terminology that Ontario has adopted (of referring to executors as ‘estate trustees’ either with or without a will)
- [Executor Duties](https://ontario-probate.ca/executor-role/executor-duties/) - An executor’s obligations are to the beneficiaries and the creditors of the estate. In broad strokes, the role, duties and responsibilities that the executor is required to perform for an estate are: Arranging the funeral Securing and appraising the assets of the deceased Applying for probate, if necessary Paying the debts and taxes of the
- [Estate Accounts](https://ontario-probate.ca/executor-role/estate-accounts/) - Estate Accounts and the duty to account Every estate trustee has a duty to keep complete records of the estate and to provide accounts to the beneficiaries of the residue of the estate, and where appropriate to have them approved by the Court (learn more about "passing accounts" here) at the conclusion of the estate
- [Beneficiary Rights](https://ontario-probate.ca/executor-role/beneficiary-rights/) - As trustees, executors owe many duties. These trust duties are owed to the beneficiaries of the estate. They are enforced by the Courts. Obligations v. Rights. Strictly speaking, beneficiaries do not really have 'rights'. What beneficiaries have is the ability to force the estate trustee to perform their duties. Beneficiaries do NOT have a right
- [Estate Trustee Services](https://ontario-probate.ca/estate-trustee-services/) - Ontario Law Firm specializes in Wills, Estates and Probate. Estate Trustee Services to help administer even the most challenging of estates and cases
- [Estate Information Return filing](https://ontario-probate.ca/estate-information-return-filing/) - The requirement. All trustees of Ontario estates must file an Estate Information Return (EIR) with the Province of Ontario. The deadlines for filings & audit. The deadline for filing the EIR is 180 days after the date of grant of the Certificate of Appointment (previously the deadline was 90 days). If the form is filed
- [Estate Disputes](https://ontario-probate.ca/estate-dispute/) - Ontario Law Firm specializes in Wills, Estates and Probate. We’ve successfully resolved dozens of estate disputes. We are here to help you, not drag things out.
- [Duties of estate trustees](https://ontario-probate.ca/duties-of-estate-trustees/) - Fiduciary duties. An estate trustee is a fiduciary who owes fiduciary duties to the beneficiaries of the estate. Many specific duties, including the following flow from this general principle. Act in the best interests of beneficiaries. An estate trustee is not obliged to take direction/instruction from the beneficiaries, nor required to provide on-going reporting, nor
- [Dependent support obligations and challenges](https://ontario-probate.ca/dependent-support-obligations-and-challenges/) - Ontario law provides that someone who was dependent on the deceased can make 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 these are claims for support not inheritance, and the estate must pay the support before
- [dealing with banks](https://ontario-probate.ca/dealing-with-banks/) - By far the most annoying thing in estate administration in Ontario is dealing with Canadian banks. You should be prepared to receive bad advice, bad service, and very slow responses. The service from the banks is the worst of any institution that estate trustees must regularly deal with. It is much worse and slower than
- [Brampton Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/brampton-wills-trusts-and-estate-lawyers/) - Brampton Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Brampton Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/brampton-wills-and-estate-lawyers/) - Brampton Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Beneficiary designations: TFSA, RRSP, and more](https://ontario-probate.ca/tfsa-beneficiary-designations/) - Beneficiary designations = extremely powerful, poorly understood. Beneficiary designations are the source of a lot of grief and many estate disputes. The essence of a beneficiary designation for any 'plan' (read - insurance, TFSA, RRSP, RRIF) is that the funds in the plan pass - directly to the named beneficiary; never fall into or form
- [Basic rules for powers of attorney](https://ontario-probate.ca/basic-rules-for-powers-of-attorney/) - Freedom of choice The basic rule in Ontario is that a competent individual (see above) can grant a PoA to whomever they want, and the Courts will rarely over-rule this choice. The attorney must be a competent adult – someone over the age of 18, who is competent to grant their own power of attorney
- [Executor's Compensation Calculator](https://ontario-probate.ca/executor-role/executors-compensation-calculator/) - Use this form to gain a rough understanding of the compensation that the estate trustee may be entitled to claim. (Trustees are not obliged to claim compensation). Note: all executor compensation is subject to Court supervision; the rate approved for large or simple estates may be lower than suggested by this calculator. Learn more about
- [Much More Info](https://ontario-probate.ca/executor-role/more-information/) - Celebrate peace of mind with our Ontario Law Firm's expertise in Wills, Estates, Probate, and resolving estate disputes for executors and beneficiaries
- [Will Information Form](https://ontario-probate.ca/contact-form/will-information-form/) - Experience the difference with our Ontario Law Firm, your trusted partner for Wills, Estates, Probate, and expert estate dispute resolution
- [Edmonton Wills, Trusts and Estate Lawyers](https://ontario-probate.ca/edmonton-wills-trusts-and-estate-lawyers/) - Edmonton Law firm specializing in Ontario Wills, Estates and Probate Advice. We help with applications, executor services, planning, litigation and more
- [Costs](https://ontario-probate.ca/costs/) - Ontario Law Firm specializes in Wills, Estates and Probate. Experts that save you time and money. Don’t stress yourself out - hire us, your probate experts. Free, no obligation quote
- [Cookie Policy (CA)](https://ontario-probate.ca/cookie-policy-ca/) - Learn about Miltons Estates Law's cookie policy for Canadian citizens and residents. Our detailed guide explains how we use cookies, scripts, and web beacons to enhance your website experience, track user activities, and comply with privacy laws.
- [eBook: Powers of Attorney for Property](https://ontario-probate.ca/free-ebook-powers-of-attorney-for-property/) - Use this form to receive our free eBook on Powers of Attorney for Property in Ontario, a printable PDF.
- [Costs - Estate Solicitor & Executor Advice](https://ontario-probate.ca/costs-estate-solicitor-executor-advice/) - We provide legal advice and assistance for all aspects of estate administration. Legal advice on executor obligations, duties, and role. Dealing with investment firms and banks. Real estate transactions and transfers. Tax returns. Passing Accounts. Estate Litigation. To the extent possible we provide these services on a "fixed fee" basis - a fixed amount,
- [Estate Administration Tax Calculator](https://ontario-probate.ca/probate-basics/probate-tax-calculator/) - Ontario Law Firm specializes in Wills, Estates and Probate. Use our free estate administration tax calculator to estimate probate tax
- [Power of Attorney: Ontario](https://ontario-probate.ca/power-of-attorney-ontario/) - How long does it take to prepare and file a probate application? How long does it take from filing a probate application until grant of probate? How long from grant of probate until distribution of funds by the estate trustee? How long does it take to prepare and file a probate application? For an experienced
- [Information required for probate](https://ontario-probate.ca/information-required-for-probate/) - 1. Original signed will if available, or confirmation that the deceased died without a will 2. Death Certificate 3. Information about the deceased person: full name (including middles names) of the deceased date of death last address of the deceased occupation or former occupation of the deceased 4. Information about the proposed executors: full name
- [Costs - Wills](https://ontario-probate.ca/costs/costs-wills/) - Access our estate plan pricing here.
- [Media appearances](https://ontario-probate.ca/media-appearances/) - CFRA Experts on Call radio programs. Click the link to listen. February 5, 2022 January , 2022
- [Free eBooks](https://ontario-probate.ca/free-ebooks/) - We provide free eBooks that address the most common questions in Ontario estates law. Enter your email, and receive the eBooks by email immediately.
- [Privacy Policy](https://ontario-probate.ca/privacy-policy/) - Our Privacy Policy Miltons IP Professional Corporation (“MILTONS”) recognizes the importance of privacy and the sensitivity of personal information. As lawyers, we have a professional obligation to keep all information we receive within the lawyer-client relationship confidential. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your
- [Key concepts for powers of attorneys](https://ontario-probate.ca/key-concepts-for-powers-of-attorneys/) - Competence Competence is relevant to whether a person is capable of giving a power of attorney. A person is competent to give a continuing power of attorney if he or she, (a) knows what kind of property he or she has and its approximate value; (b) is aware of obligations owed to his or her
- [Key Info Fast](https://ontario-probate.ca/key-info-fast/) - Use this form and we will email our free eBook Probate in Ontario: A Practical Guide to you immediately.

## Testimonials

- [Awesome Products](https://ontario-probate.ca/testimonial/awesome-products/) - Suspendisse eget efficitur ligula. Maecenas bibendum fermentum mauris ac posuere. Aliquam rhoncus erat ut nisi pharetra, quis vehicula justo pulvinar. Praesent a mi et nisi pellentesque iaculis.
- [Simply Perfect](https://ontario-probate.ca/testimonial/simply-perfect/) - Quisque malesuada lectus quam, in molestie risus ultrices quis. Etiam maximus, augue et ornare commodo, ante velit rutrum erat, ut suscipit elit sapien vel dui. Sed mattis felis eu nibh fringilla, sit amet vulputate leo fringilla.

## Pricing Tables

- [Advice for trustees](https://ontario-probate.ca/pricing-table/costs-copy/)
- [Estate Admin](https://ontario-probate.ca/pricing-table/27612/)
- [ESTATE ACCOUNTING AND THE RIGHT TO RECEIVE ACCOUNTS](https://ontario-probate.ca/pricing-table/estate-accounting-and-the-right-to-receive-accounts/)
- [Probate copy](https://ontario-probate.ca/pricing-table/probate-copy-2/)
- [Probate](https://ontario-probate.ca/pricing-table/27615/)
- [Probate additional fees](https://ontario-probate.ca/pricing-table/probate-copy/)
- [costs](https://ontario-probate.ca/pricing-table/27605/)
- [Wills 1](https://ontario-probate.ca/pricing-table/copy-of-probate/)
- [Wills 2](https://ontario-probate.ca/pricing-table/copy-of-wills-1/)

## Categories

- [Uncategorized](https://ontario-probate.ca/category/uncategorized/)
- [Estates](https://ontario-probate.ca/category/estates/)
- [Probate](https://ontario-probate.ca/category/probate/)
- [Wills](https://ontario-probate.ca/category/wills/)
- [Beneficiaries](https://ontario-probate.ca/category/beneficiaries/)
- [Executor](https://ontario-probate.ca/category/executor/)
- [Joint accounts](https://ontario-probate.ca/category/joint-accounts/)

## Tags

- [bankrupt](https://ontario-probate.ca/tag/bankrupt/)
- [debts](https://ontario-probate.ca/tag/debts/)
- [estate](https://ontario-probate.ca/tag/estate/)
- [executor](https://ontario-probate.ca/tag/executor/)
- [insolvent](https://ontario-probate.ca/tag/insolvent/)
- [bankruptcy](https://ontario-probate.ca/tag/bankruptcy/)
- [debt](https://ontario-probate.ca/tag/debt/)
- [insolvency](https://ontario-probate.ca/tag/insolvency/)