Death Cafés: Embracing Our Mortality
Death Chatter. What an interesting concept! Although I work in the death industry, I hadn’t really considered whether there are other people who may enjoy or even be fascinated by the concept of death as I am. A friend once told me that I like to talk about death too much. I guess she is […]
Securing the Estate Trustee
In some situations, when a party applies to the Court to be granted a certificate of appointment of estate trustee (also known as probate) and, thereby, be formally appointed as Estate Trustee (also called executor), they must provide an administration bond of indemnity with the application. This essentially means that the proposed estate trustee has […]
When Foreign Owners of Ontario Assets Die
It is becoming increasingly common for many residents of foreign jurisdictions to own assets in Canada and specifically in Ontario. Unfortunately, many people do not consider the implications of foreign ownership on death. If a non-resident of Ontario who is resident in another part of Canada, the United Kingdom or a British colony, dies while […]
Estate Trustee Misconduct: Part II
In my last blog article, I discussed different remedies that may be available to concerned parties whose interests are being comprised by the action or inaction of an estate trustee(s). Specifically, I looked at what steps can be taken when: an appointed or proposed estate trustee refuses to accept the role; a person who may […]
Estate Trustee Misconduct: Part I
If the estate trustee conducts himself in such a manner that the persons having a financial interest in the estate lose all confidence in him as estate trustee, they may seek to have him removed. Persons considered to have a financial interest include creditors, beneficiaries and, if a will is being challenged, persons who would […]
Automatic Ownership of Real Property After Three Years
When a deceased’s estate includes real estate, it is important to know the rule regarding automatic vesting (ownership) outlined in relevant legislation. The rule essentially states that real estate owned by the deceased that is not transferred within three years after death automatically becomes owned by the beneficiary or beneficiaries. This automatic ownership means the […]
Dealing With Loans Owed to the Deceased
From time to time, parents transfer money to their children to help them with their education, to buy a house or start a business, for example. Unfortunately, depending on their family structure and dynamics, as well as their estate planning objectives, there are some implications and decisions they should make at the time they agree […]