“UNVESTING” REAL ESTATE NOT TRANSFERRED WITHIN 3 YEARS OF DEATH
If property has vested because it has not been dealt with by the Executor / Estate Trustee within 3 years of the date of death there are options available to an Executor.
First of all, the wording of the Will needs to be examined to determine whether or not it actually prevents the vesting of the property.
If the property has vested, it may be necessary for the Executor to obtain an Order from the Superior Court of Ontario to vest the property in the name of the Estate Trustee, so that the property can then be sold or otherwise dealt with by the Executor.
For more information on Vesting click HERE
Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705-435-4339 / 1-877-85LEGAL (1-877-855-3425) or contact us via email.