Estate Law
Estate Law
As an estate litigation firm, Derfel Estates Law routinely represents clients involved in disputes about what should happen to the estate of someone who has passed away. Oftentimes, these disputes include multiple parties who each claim that they are entitled to the entire estate or part of the estate. If the assets of the estate…
Receiving a large inheritance might seem like a windfall for many. What could be equally shocking is finding out that some of the money may have to go to the Canada Revenue Agency. In a decision recently issued by the Tax Court of Canada, the daughters of a deceased individual were faced with a tax…
There’s a saying that goes around from time to time that says a criminal cannot profit from their crimes. This might apply to someone in prison for a criminal act who wants to write a book, but they can’t profit from it. But as in many situations, the law has a way of discovering grey…
When one person in a marriage dies, it’s natural to assume that their surviving partner will be able to remain in the matrimonial home. Of course, if there’s one thing the law teaches us, it’s that there are often unique complications with the situations people may find themselves in. In a recent decision issued by…
Being named the trustee of an estate might seem like a lot of responsibility, and that’s because it is. Trustees, as well as executors, attorneys for property, and guardians for property are responsible for fulfilling a number of obligations in carrying out the wishes of the person who died (the “testator”). These obligations include distributing…
The Ontario Superior Court recently issued a decision that revisited the use of multiple wills (i.e. primary and secondary wills) as a means of decreasing probate tax, adding to the recent debate that arose around the use of such documents following an earlier decision. What Happened? The deceased executed two wills: a Primary Will and…
Estate administration is the process of organizing and distributing the assets of an estate to the beneficiaries. The executor is responsible for estate administration, including going through the probate process in Ontario, where needed. We frequently hear similar questions from clients about the probate process. Below we answer some of the most common of these and…