Estate Law
Estate Law
When a loved one passes away, families often worry not only about grieving but also about financial matters. One common question is: What happens to debts after death in Ontario? Do they disappear, or do family members become responsible? The answer depends on how Ontario law treats estates, creditors, and estate trustees. At Derfel Estate…
Losing a family member is never easy. Along with grief, families are often faced with overwhelming questions about what to do after someone dies in Ontario. From funeral arrangements to dealing with estate matters, knowing the proper steps can help reduce stress and avoid costly mistakes. At Derfel Estate Law, we help families navigate these…
When someone passes away, one of the first steps in estate administration is probate, which is the process of proving a will and giving the executor legal authority to deal with the estate. A key part of probate is the notice requirement: deciding who must be informed about the probate application. Ontario and British Columbia…
Estate planning is something that everyone should do; it provides you with peace of mind, decreases disputes among your family and friends, minimizes taxes payable by your estate, and helps you ensure that your loved ones are provided for. Estate planning becomes even more important if one of your loved ones has a disability. How…
Stepping into the role of an executor often comes with many uncertainties. Navigating grief alongside estate administration can be a lot for one person to handle. Whether it is figuring out how to apply for probate or managing beneficiaries’ expectations, executors can face several challenges throughout an estate’s administration. In most cases, executors do not…
With Ontario’s Make-a-Will Month coming up in November, there isn’t a better time to create or revise your will. However, it’s important to understand the formal requirements for creating a will before you set your pen to paper. Ontario legislation outlines strict requirements for wills, including who can make them, the form of wills, and…
In Part 1 of our passing of accounts blog series, we outlined the basics, including the executor’s duty to account, the process of passing of accounts, and triggering events. This week’s blog will detail what happens when a passing of accounts is contested by another party as this often results in a detailed and lengthy…
Executors and trustees are obligated to identify beneficiaries and account for any distributions of an estate or trust’s assets. However, complications arise when property or trust proceeds are payable to a beneficiary going through bankruptcy. This spring, the Ontario Court of Appeal provided guidance to executors and trustees facing this complex intersection of estate/trust and…
Last week we talked about what happens if you pass away without a will. In this week’s blog, we talk about what your options are for estate administration with a will in place. Estate administration refers to how your estate will be settled and covers everything from who will be your executor, to the process…
In an effort to simplify the province’s estate law, the Ontario government filed a regulation on October 15, 2021, amending Rule 194 under the Courts of Justice Act (Rules of Civil Procedure). The regulation makes significant changes to the probate application process and aligns it with other estate law changes to take effect next year….