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INFORMATION ABOUT PROBATE IN ONTARIO
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PROBATE BASICS
Key Information about probate in Ontario.
IS PROBATE REQUIRED?
Except in rare cases, yes!
PROBATE WITH A WILL
Is this document a valid will? What is an affidavit of execution and why is it needed?
PROBATE WITHOUT A WILL
Information on probating when there is no will.
DEBTS & INSOLVENT ESTATES
How to handle debts of the deceased.
THE INFO REQUIRED TO PROBATE
The information you will need to gather for the probate application.
WAS THERE A WILL?
How to find a will. There is no will registry in Ontario.
BOND OR DISPENSE
When is a bond required for probate.
TAXES: INCOME AND PROBATE TAX
Estate administration tax (probate tax) and income tax. A link to our free estate administration tax calculator.
PROBATING FOREIGN ESTATES IN ONTARIO
If the estate has assets in Ontario, after probate elsewhere first.
SMALL ESTATES
Avoiding probate for very small estates, and the special rules for probate of estates under $150,000
DEATH OF A TRUSTEE
Dealing with the death (or incapacity) of an executor or estate trustee.
PROBATE COSTS: OUR FEES
We charge fixed, fair fees. Get an instant no obligation quote.
FREE PROBATE EBOOK
Probate in Ontario: A Practical Guide.
DIY or HIRE AN EXPERT
Hiring an expert will save you time, stress, and money. Learn why.
START PROBATE NOW
Our clear process, expert advice, and fair fees reduce the stress, time and cost of probate.
INFORMATION ABOUT INHERITANCE: WHO INHERITS WHAT?
NO WILL
Inheritance when there is no will (intestacy).
WILL VALIDITY
The requirements for a valid will.
DEPENDENT’S SUPPORT CLAIMS
When the deceased did not provide for a dependent.
MARRIAGE, SEPARATION, DIVORCE
Who gets what when there has been a re-marriage, separation or divorce?
JOINT OWNERSHIP OF ASSETS
Joint ownership of houses and savings
WHAT DOES THE WILL SAY?
Information about finding out what the will says when the executor will not share with family members
THE HOUSE: WHO OWNS IT, WHO GETS IT?
Different ways of owning real estate. Issues for trustees and beneficiaries.
BENEFICIARY DESIGNATIONS
Designation of beneficiaries for TFSAs, RRSPs, RRIFs, pensions and life insurance.
AFTER PROBATE: ESTATE ADMINISTRATION
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EXECUTOR DUTIES
The role, duties and obligations of executors.
EXECUTOR’S CHECKLIST
What an executor must do. Downloadable PDF.
TAXES
Taxes on death: inheritance taxes, income taxes.
ESTATE ADMINISTRATION TAX
Calculating and paying EAT.
EXECUTOR COMPENSATION
What fees are due to the estate trustee?
INSOLVENT ESTATES
When the estate has more debt than assets.
RELEASES
The who, why (and why not), when (and when not) and how of releases by beneficiaries of estate trustees.
ESTATE INFORMATION RETURN
What you need to know about filing the Estate Information Return.
ESTATE ACCOUNTS
The duty to account. The format and content accounts. Formal and informal accounts, releases and distributions.
PASSING ACCOUNTS
The court process for approving the accounts and actions of the estate trustee. When to pass accounts and who pays for what.
RENUNCIATION AND RESIGNATION
You are not obliged to act but you must be careful not to intermeddle. Information on resignations and successor trustees.
OUR FEES – ACCOUNTS
Fixed, fair fees for preparing, passing, and contesting accounts.
CLEARANCE CERTIFICATES
CRA releases the trustee from liability: the when, why and how of clearance certificates
INTERIM DISTRIBUTIONS
Distributions before receipt of the clearance certificate – possible, and often to be encouraged.
RELEASES
Releases are significant for both trustees and beneficiaries. Understand them before you sign.
TRUSTEE SERVICES
We can act as the estate trustee and administer the estate for you. Particularly useful if there is no one suitable to act or there is a dispute among beneficiaries.
INFORMATION ABOUT ESTATE DISPUTES IN ONTARIO
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BENEFICIARY RIGHTS
Your rights as a beneficiary and how to enforce them.
EXECUTOR RIGHTS
Your rights as estate trustee and how to enforce them.
WILL CHALLENGES
The challenges of will challenges.
OBJECTING TO AN EXECUTOR
Objecting to an executor before their appointment.
CHALLENGING JOINT ASSETS
Bank accounts and houses made joint with an adult child of the deceased that should have been in the estate?
THE SLOW EXECUTOR PROBLEM
What to do if the executor is too slow, before or after probate.
THE DISAGREEABLE BENEFICIARY
When beneficiaries will not consent.
EXECUTOR COMPENSATION
Disputes about executor compensation.
PASSING ACCOUNTS
Who, what, when and how of passing accounts.
PASSING ACCOUNTS – OUR FEES
Our fees for preparing, passing and contesting estate accounts.
LITIGATION COSTS
The costs of litigation and the role of offers to settle.
MEDIATION
What it is and why it is so often effective for resolving estate disputes.
INITIAL CONSULT
Contact us for an initial consultation.
WHAT DOES THE WILL SAY?
When the executor will not show the will to beneficiaries.
YOUR PARTNER FOR
ONTARIO ESTATES AND PROBATE ADVICE
We want to thank you as well as Hala for your services. We were more than pleased with the way you handled our fathers affairs in a timely manner. We do appreciate all you’ve done for us and will recommend your firm to others in the future.
-Susie H.
OUR SERVICES
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PROBATE APPLICATIONS
Applications filed right the first time.
ADVICE FOR EXECUTORS
We advise executors and trustees.
EXECUTOR SERVICES
Full estate administration, including we act as the executor.
ESTATE LITIGATION
We resolve estate disputes.
ADVICE FOR BENEFICIARIES
We advise you on your rights, and the executor’s obligations.
ESTATES AWAY FROM HOME
Cross-border estate issues.
THE DISAGREEABLE BENEFICIARY
When beneficiaries will not consent.
EXECUTOR COMPENSATION
Disputes about executor compensation.
ESTATE PLANS BY VIDEO
Extended hours for your convenience. From your home.
WILLS AND POAS
Extended business hours and by video conference for your convenience.
We do estate planning by video. Extended hours. Your estate plan, will and power of attorney from your home.
WE ARE MILTONS ESTATES LAW
We make Ontario probate & estates straightforward.
Expert advice, great service. Your probate and estate issues resolved without worry, hassle or delay.
Information About Ontario Estates Law
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