Revised Manitoba probate court forms are coming into effect on October 1st, 2022. Notable changes include revisions to terminology as well as clearer guidance around double probate and resealing of foreign grants.
These updates impact the new Ontario probate forms that were published in January 2022, and will go into effect on July 1, 2022.
New forms and minor changes to Ontario probate court forms are coming into effect on January 30th, 2023.
The fallout of FTX reminds estate practitioners of the Quadriga debacle. The access to digital assets in Canada and the various types of key storage are discussed.
Who owns our private data when we die? What are the boundaries between a deceased’s right to privacy and the access a fiduciary typically has to a decedent’s physical assets? If a fiduciary is granted access, what happens when tech companies located in the United States refuse to comply? The answers to these questions have far-reaching impacts on Canadians, the vast majority of whom have increasingly comprehensive—and in many cases, monetarily valuable—digital identities.
An introduction to the importance of the duty to account and the possibility of litigation over the issue.
Earl v. McAllister provides additional clarity to determining whether a dependent is entitled to estate proceeds and, this case reinforces an application judge’s inability to consider social benefits when choosing a claim to estate proceeds.
This article provides an overview of what hearsay evidence is, how it affects estate litigation, and how this rule can vary from province to province.
This case shows that where the estate has support claims to payout, and the trustee previously showed no interest in providing support to the payees in other situations, it may give reasons to deny an estate trustee’s certification.
Until the ONCA decides on Mak or another case related to the presumption of resulting trusts related to RRIFs, Ontario estate administrators and practitioners do not have a straightforward answer to whether resulting trusts apply in this instance.