Probate Law Blogs
Explore expert articles on probate, estate administration, executor duties, and estate disputes in Ontario.
Deferring Estate Administration Tax in Ontario: When You Cannot Pay Up Front
Ontario lets you obtain a probate certificate before paying the tax deposit, but only on a court order, with security, and on a three-part test.
TFSAs, RRSPs and RRIFs in an Ontario Estate: Beneficiary or Estate
How registered accounts pass on death in Ontario, who is actually liable for the tax on an RRSP paid to a beneficiary, and how to fix it.
How to File a Notice of Objection to a Probate Application in Ontario
How a notice of objection stops an Ontario probate application, who can file one, the 20 day deadline that ends it, and what it costs.
Estate Trustee During Litigation in Ontario: The Neutral Caretaker
What an estate trustee during litigation does in Ontario, when a court appoints one, what they cannot do, and who pays for it.
Probate in Mississauga and Brampton: Filing at the Peel Region Courthouse
Mississauga, Brampton and Caledon estates all file at one Peel registry. The address, the process, the timelines and the residence rule.
Probate in Toronto: Courthouse, Filing, and Timelines, Serving North York, Etobicoke and Scarborough
Where to file a Toronto probate application, what the estates office at 330 University handles, and how long each stage actually takes.
Multiple Wills in Ontario: How a Secondary Will Cuts Probate Tax
How a primary and secondary will keeps private company shares out of probate in Ontario, what it saves, and what the Milne litigation settled.
Crypto and Your Will: Can Your Executor Actually Access It?
Own cryptocurrency? Learn why a will alone may not get your estate trustee access to it — and the exact steps Ontario estate lawyers recommend.
Limitation Periods That End Ontario Estate Claims
The deadlines that end an Ontario estate claim before it is heard, why the relief you seek changes the answer, and when discoverability fails.
Dependant Support Claims in Ontario: The Six-Month Window Explained
Who qualifies as a dependant in Ontario, the six month limitation period, the assets section 72 claws back, and how executors defend a claim.
Can an Executor Sell a House Before Probate in Ontario?
Where an executor's authority to sell estate real property comes from, when the certificate is needed, and how first dealings works.
Executor Personal Liability in Ontario: 12 Ways Estate Trustees Get Sued
Twelve situations that expose an Ontario estate trustee to personal liability, what the courts have done about them, and how to reduce the risk.
Is There a Deadline to File for Probate in Ontario?
Ontario sets no deadline to apply for probate. Several other clocks do run, and one of them moves ownership of real property automatically.
Taxes When Someone Dies in Ontario: Deemed Disposition and Probate Tax
Ontario has no inheritance tax. It has three separate charges after a death. What each one taxes, who pays it, and when it is due.
Which Probate Certificate Do You Need in Ontario? A Decision Guide
Ontario issues twelve estate certificates. A decision guide to which one your situation needs, which form to use, and when a bond applies.
Letters Probate and Letters of Administration: What Ontario Calls Them Now
Ontario stopped issuing Letters Probate and Letters of Administration in 1995. Here is what replaced them, and whether an old grant is still valid.
Removing an Estate Trustee in Ontario: Grounds, Process, and Odds
The grounds, the process, and the realistic odds of removing an Ontario estate trustee, including the four principles courts actually apply.
Common-Law Partners and Intestacy in Ontario: You Do Not Automatically Inherit
Common-law partners inherit nothing on an Ontario intestacy, however long the relationship. What you can claim instead, and the six-month deadline.
CRA Clearance Certificates for Ontario Estates: The Executor's Shield
What a CRA clearance certificate does, when an executor needs one, how to apply on Form TX19, and the holdback rule most guides leave out.
Can You Lose Your Inheritance for Trying to Remove an Executor? The Court Says: Not So Fast.
A new ruling asks if removing an executor can cost a beneficiary their inheritance under a no-contest clause. Here's what it means for Ontario estates.