ONTARIO PROBATE AND ESTATES LAW

Key Information about probate in Ontario.

Often not for the first of two married spouses to pass.  Usually for everyone else.

Information on probating a Will.  An application with simple Will for a simple estate is complex and requires numerous documents.

Information on probating when there is no will.

How to handle debts of the deceased and estates that may be bankrupt.

The information you will need to gather for the probate application.

When is a bond required for probate, and how to get a Court order dispensing with a bond.

An affidavit of execution or other proof of signature of the testator is required.

The basics of estate administration tax (probate tax) and income tax rules for estates in Ontario.  A link to our free estate administration tax calculator.

If the estate has assets in Ontario, after probate elsewhere first (re-sealing and ancillary grants).

How to calculate the Estate Administration Tax payable before probate.  The role of appraisals and estimates.

Someone named as an executor in a Will is not obliged to act as the estate trustee.  Information on renunciation (upfront) and resignation (after starting to act).

Avoiding probate for very small estates, and the special rules for probate of estates under $150,000

Dealing with the death (or incapacity) of an executor or estate trustee.

We charge fixed, fair fees.  Save money, time and grief by getting expert help to do it right the first time.

Probate in Ontario: A Practical Guide.

Hiring an expert will save you time, stress, and money.  Learn why.

Our clear process, expert advice, and fair fees reduce the stress, time and cost of probate.

Inheritance when there is no will (intestacy).

The requirements for a valid will.

Who gets what when there has been a re-marriage, separation or divorce?

Information about finding out what the will says when the executor will not share with family members

Designation of beneficiaries for TFSAs, RRSPs, RRIFs, pensions and life insurance.

How to handle debts of the deceased and estates that may be bankrupt.

The role, duties and obligations of executors.

What an executor must do. Downloadable PDF.

Taxes on death: inheritance taxes, income taxes.

Calculating and paying estate administration tax.

What fees are due to the estate trustee?

When the estate has more debt than assets.

The who, why (and why not), when (and when not) and how of releases by beneficiaries of estate trustees.

What you need to know about filing the Estate Information Return.

The court process for approving the accounts and actions of the estate trustee.  When to pass accounts and who pays for what.

You are not obliged to act but you must be careful not to intermeddle. Information on resignations and successor trustees.

Fixed, fair fees for preparing, passing, and contesting accounts.

Distributions before receipt of the clearance certificate – possible, and often to be encouraged.

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.

Your rights as a beneficiary and how to enforce them.

Your rights as estate trustee and how to enforce them.

The challenges of will challenges.

Objecting to an executor before their appointment.

Bank accounts and houses made joint with an adult child of the deceased that should have been in the estate?

What to do if the executor is too slow, before or after probate.

Estate trustees are entitled to fair and reasonable compensation for doing a difficult job properly but not excessive or unreasonable amounts.

Who, what, when and how of passing accounts.

Our fees for preparing, passing and contesting estate accounts.

The costs of litigation and the role of offers to settle.

What it is and why it is so often effective for resolving estate disputes.

The ins and outs of interim releases.

When the executor will not show the will to beneficiaries.

Applications filed right the first time.

We advise executors and trustees.

Full estate administration, including we act as the executor.

We resolve estate disputes.

We advise you on your rights, and the executor’s obligations.