Author Archives: gg_admin

“Unvesting” Estate Property

“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 … Continue reading

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More Debts than Assets in an Estate

WHAT TO DO WHEN THERE ARE MORE DEBTS THAN ASSETS IN AN ESTATE What does an executor do if the debts of the estate exceed the assets? First of all, the executor (estate trustee) is not required to assume the executor … Continue reading

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Mediation in Estate Litigation

WHY USE MEDIATION INSTEAD OF LITIGATION? Estate litigation is becoming increasingly popular in Ontario. Estate litigation relates to many different aspects of an estate including: Whether or not the deceased had the capacity to make a Will; Whether someone forced … Continue reading

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Specific Gifts in a Will

IT IS IMPORTANT TO ENSURE YOU HAVE A GIFT CLAUSE IN YOUR WILL If your Will leaves specific items to someone, you should ensure a gift clause says what is to happen if that person should predecease you. If you … Continue reading

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How Can I Pay Probate Tax?

HOW CAN I PAY PROBATE TAX? When a probate application is filed with the Superior Court in Ontario, Estate Administration Tax (Probate Tax) has to be paid on the value of the estate. Often there are no funds available to … Continue reading

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What to do with the deceased’s cards?

ESTATE ADMINISTRATION – WHAT TO DO WITH ALL OF THE DECEASED’S CARDS? There are different requirements and recommendations relating to the various cards when someone dies – credit cards, health card, Social Insurance Card, etc. – once those cards are … Continue reading

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Power of Attorney With Only One Witness

POWER OF ATTORNEY FOR PROPERTY WITH ONLY ONE WITNESS Prior to 1995 the law did not require 2 witnesses to a Power of Attorney for Property. The law was changed in 1995 to require 2 witnesses. Provided a pre-1995 Power … Continue reading

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Holograph Will – Write your own Will

WRITING YOUR OWN WILL IS REFERRED TO AS A HOLOGRAPH WILL Contrary to popular belief, an Ontario Will may be valid even if there are no witnesses to the Will. If a Will is made entirely in the handwriting of … Continue reading

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How Can I Pay Funeral Expenses?

HOW CAN I PAY FUNERAL EXPENSES? When a person dies, unless they have prepaid for their funeral, this expense will have to be paid by the Estate Trustee or Executor. Often there are no funds available to pay the funeral … Continue reading

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Emotional Issues, Succession Planning and Family Businesses

SUCCESSION PLANNING IN FAMILY BUSINESSES CAN BECOME BOGGED DOWN BY EMOTIONAL ENTANGLEMENT Family is the key word in Family Business. The emotional and historical ties that bind the family together can positively and negatively impact the viability of the Family … Continue reading

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