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ONTARIO PROBATE AND ESTATES LAW

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FOR EXECUTORS AND BENEFICIARIES

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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.

HOW CAN WE HELP YOU?

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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