Estate Law
Estate Law
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…
Estate planning can be a difficult task, but it’s even more difficult when you don’t fully understand the terms used in this area of law and how they relate to you. In this blog post, we’ll discuss some of the key terms that will be helpful to understand if you’re planning a will or if…
The executor of a will has many responsibilities, and they can be complicated if they are not understood. In this article, we will go through some of the main duties of executors in Ontario so they can understand their role very clearly. In most cases, being an executor is a rewarding experience that allows you…
The process of settling an estate is emotionally fraught and often contentious, especially where there is a lack of trust or communication between an Estate Trustee and the Beneficiaries of an Estate. A recent decision in Pinard et al. v. Gilchrist et al. by the Ontario Superior Court of Justice outlines the obligations that an…
A recent decision by the Ontario Superior Court in Fletcher and Vansickle v. Vansickle draws attention to the importance of careful drafting of your will if you plan to give your beneficiaries the Option to Purchase a part of or all of your business upon your passing. What is an Option to Purchase? An option…
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…
At Derfel Estates Law, we regularly advise trustees on their obligations and responsibilities, which can be significant. We are currently well into the final quarter of the year, and as 2021 approaches, we thought it would be a good time to remind trustees about changes to reporting requirements. These new requirements will apply to all trusts at…
It can be difficult to find an executor or trustee when undertaking estate planning. Some people might not want to accept such a significant responsibility, while others may not feel they are qualified to do so. Typically, people want someone with some degree of financial expertise to take on the role due to the impact…
Being named executor or trustee of an estate is a serious responsibility. There are a number of things to take care of, deadlines to remember, and parties to work with. People who find themselves appointed as a trustee or executor often find themselves fulfilling that role for the first time, and may not have the…
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…