Probate Law Blogs
Explore expert articles on probate, estate administration, executor duties, and estate disputes in Ontario.
The Family Cottage and Probate in Ontario
A cottage can trigger two taxes on death in Ontario: capital gains on the deemed disposition and Estate Administration Tax on its estate value.
Testamentary Capacity in Ontario: The Banks v Goodfellow Test
The four-part Banks v Goodfellow test Ontario courts apply, why a dementia diagnosis does not decide the question, and what evidence matters.
Challenging a Will for Undue Influence in Ontario
Testamentary undue influence in Ontario means coercion, not persuasion. Who carries the burden, why it never shifts, and what evidence actually works.
Interim Distributions: Can an Ontario Executor Pay Beneficiaries Early?
An Ontario executor can make an interim distribution, but stays personally liable for it. How to size the holdback and which rules bar paying early.
Paying the Deceased's Debts in Ontario: The Order of Priority
The order an Ontario estate trustee must pay debts in, what ranks ahead of what, the creditor notice, and the two rules that bar early distribution.
Opening an Estate Bank Account in Ontario: What Banks Require
What Ontario banks require to open an estate account, why an executor needs one, and how to handle two trustees, ID, and the first deposits.
Probate Application Rejected in Ontario? Common Deficiencies and Fixes
A registrar's notice is not a refusal. The deficiencies that send Ontario probate applications back, and how to correct and resubmit each one.
Probating a Lost Will or a Copy of a Will in Ontario
Ontario presumes a missing will was destroyed to revoke it. How Rule 75.02 works, the four things you must prove, and what rebuts the presumption.
Transferring a Deceased Person's Vehicle in Ontario
How to transfer a deceased person's vehicle in Ontario: the documents ServiceOntario requires, the sales tax exemption, and when you need a certificate.
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.