Probate Law Blogs
Explore expert articles on probate, estate administration, executor duties, and estate disputes in Ontario.
U.S. Property in an Ontario Estate: The Snowbird Probate Problem
A Florida condo owned by an Ontario resident can trigger two processes and two tax systems. What the executor files, and in what order.
Probate in Hamilton: Courthouse, Filing, and Timelines
Hamilton probate applications are filed at the John Sopinka Courthouse. Where the boundaries fall, what to file, and how long it takes.
Missing Beneficiaries and Unclaimed Inheritances in Ontario
A missing beneficiary can hold an Ontario estate open indefinitely. Benjamin orders and payment into court are the two ways out.
Digital Assets After Death in Ontario: Accounts, Photos, and Crypto
Ontario has no statute giving an estate trustee access to a deceased person's online accounts. What the platforms allow, and what the will can do.
Private Company Shares in an Ontario Estate
Private company shares are the hardest asset in an Ontario estate. Transmission, the shareholder agreement, and valuation all pull in different directions.
Suspicious Circumstances and Proving a Will in Solemn Form in Ontario
A will challenger cannot compel proof in solemn form. Neuberger v York requires some evidence that would call the will's validity into question.
Siblings Fighting Over the Family Home in an Ontario Estate
One sibling wants to sell the family home and another will not. What the Partition Act allows, when it applies, and how buyouts are actually priced.
Objecting to an Executor's Accounts in Ontario
A notice of objection to accounts is due at least 35 days before the hearing under rule 74.18(7). What to object to, and what it costs to get it wrong.
Who Pays the Legal Costs in Ontario Estate Litigation?
Ontario estate litigation follows the ordinary loser-pays rule unless a public policy exception applies. The estate is not a default source of funding.
Hiring a Professional Estate Trustee in Ontario: When It Is Worth It
A professional estate trustee is not an extra cost layered on a free role. Compare it against what a lay trustee actually costs before deciding.
How to Resign as Estate Trustee After Probate in Ontario
Once the certificate issues, an Ontario estate trustee cannot walk away. Resignation needs a court order, an accounting, and continuity of administration.
Serving Beneficiaries Before Probate: Ontario's Notice Rules
Ontario requires the probate application itself to be served on beneficiaries before filing. Who must be served, how, and how long you have to wait.
Probating a Foreign or Out-of-Province Will in Ontario
Where there is a will, an outside grant is recognised by resealing or an ancillary appointment. A separate nominee route covers certain intestacies.
Amending an Estate Information Return in Ontario, and Surviving an Audit
Corrections to an Estate Information Return are due within 60 days, but only some require a revised return. Others take a written notice.
Probate Lawyer Fees vs Probate Tax vs Disbursements: Who Pays What in Ontario
An Ontario estate carries three separate charges: the probate tax, the lawyer's fee, and disbursements. Who sets each one, and who actually pays it.
Executor Expenses and Reimbursement in Ontario: What You Can Claim Back
What an Ontario executor can claim back from the estate, how reimbursement differs from compensation, and why the tax treatment is not the same.
When Can Beneficiaries Demand Payment? The Executor's Year in Ontario
Ontario's executor's year explained: when a beneficiary can legally demand payment, how interest on legacies works, and what to do about delay.
Valuing Estate Assets at Date of Death in Ontario
How to value each class of estate asset at the date of death in Ontario, why probate tax and income tax give different answers, and what to appraise.
Probate in Ottawa: Courthouse, Filing, and Timelines
Filing probate in Ottawa: the Elgin Street courthouse, which estates go there, filing by email, and the local issues that slow Ottawa estates down.
The Spousal Election Under Ontario's Family Law Act: Inherit or Equalize?
A surviving married spouse can take under the will or claim equalization instead. The six-month rule, what gets deducted, and what electing costs.