Wills and Estates
Helping you to administer estates, litigate estate issues and plan your future estate's distribution
Estate Administration
Estate administration is the legal process of managing and distributing a person’s assets after they pass away. This responsibility typically falls to the executor named in the deceased’s will or, if there is no will, to an estate trustee appointed by the court. The estate trustee is responsible for gathering assets, paying outstanding debts and taxes, and ensuring that beneficiaries receive their inheritances according to the will or Ontario’s intestacy laws. Estate administration can be complex, requiring careful attention to legal and financial details.
In Ontario, the estate administration process often involves applying for a Certificate of Appointment of Estate Trustee (commonly referred to as probate), which grants the estate trustee the legal authority to manage the estate. Estate trustees must also prepare financial records, file tax returns, and address any claims against the estate. Given the legal and financial responsibilities involved, many estate trustees seek guidance from an estate administration lawyer to ensure they fulfill their duties properly and avoid potential liabilities. An estate administration lawyer can also help ease the burden of administration during a time of grief and difficulty.
Without proper administration, estate matters can become delayed or disputed, causing additional stress for estate trustees and beneficiaries. A knowledgeable estate administration lawyer can provide clarity and help navigate complex situations, such as handling business assets, dealing with creditors, or resolving conflicts among beneficiaries. Whether you are an estate trustee managing an estate or a beneficiary seeking guidance, professional legal support can ensure a smooth and efficient administration process.
Frequently Asked Questions
An estate trustee, also known as an executor, is responsible for administering the deceased’s estate. Their duties include locating the will, identifying and gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. The estate trustee must act in the best interests of the beneficiaries and in accordance with the law.
No. You can hire any lawyer qualified to handle estate administration to assist you. It does not have to be the same lawyer who drafted the Will. The process of administering an estate can be lengthy so you want to choose a lawyer that you feel comfortable working with over many months and usually over a year.
Probate, or obtaining a Certificate of Appointment of Estate Trustee, is usually required when the deceased’s assets are solely in their name, such as real estate or bank accounts. However, if assets are jointly owned or have designated beneficiaries (e.g., life insurance policies), probate may not be necessary. It’s advisable to consult with a legal professional to determine if probate is required for your specific situation.
The Estate Administration Tax, commonly known as probate fees, is a tax payable when applying for a Certificate of Appointment of Estate Trustee in Ontario. The tax is calculated as $15 for every $1,000 (or part thereof) of the estate’s value exceeding $50,000. For example, if the estate is valued at $100,000, the tax would be $750. Certain assets, such as jointly held properties or those with designated beneficiaries, may be exempt from this tax.
The duration of estate administration varies depending on the complexity of the estate, the clarity of the will, and the efficiency of the estate trustee. On average, the process will take about 18 months to full complete. Factors that can influence the timeline include the need for probate, the sale of real estate, and the resolution of any disputes among beneficiaries.
Yes, in Ontario, estate trustees are usually (subject to the terms of each will) entitled to reasonable compensation for their services. The amount will vary for each estate and it’s important for estate trustees to keep detailed records of their activities and consult with a qualified to determine appropriate compensation and the manner of seeking approval for such a claim for compensation.
Estate Litigation
Estate litigation involves contentious and non-contentious legal proceedings related to wills, powers of attorney, guardianship, and estate administration.
In contentious matters, disputes can arise for various reasons, including concerns about the validity of a will, disagreements among beneficiaries, allegations of undue influence, or claims that an attorney for property or estate trustee is mishandling the estate. Estate litigation can be complex and emotionally challenging, often requiring legal intervention to ensure a fair resolution that upholds the rights of all parties involved.
In Ontario, common estate litigation disputes include:
- Will challenges
- Dependent support claims
- Power of attorney disputes
- Estate trustee disputes
Estate disputes can be costly and time-consuming, making it important to seek legal guidance early in the process. An experienced estate litigation lawyer can help clients understand their rights, explore options for resolution—whether through negotiation, mediation, or court proceedings—and advocate for their best interests.
Non-contentious estate litigation involve issues that can arise during an estate administration or upon the loss of capacity of an individual to manage their funds. The Ontario Superior Court of Justice provides recourse for trustees, attorneys for property and personal care and estate trustees to seek assistance from the Court for a number of matters.
While not contentious, they do require engaging with the Court process.
These include:
- Vesting Order Applications (a court order that transfers ownership of property or assets to a designated party without the need for a traditional conveyance);
- Guardianship Applications (a legal process where an individual seeks court approval to make decisions on behalf of another person who is incapable of managing their personal care or property);
- Applications to Pass Accounts (a formal court process where an estate trustee submits detailed financial records of estate administration for judicial approval, ensuring transparency and accountability to beneficiaries); and
- Applications for Directions (e.g., asking the Court a question about a will where the terms are unclear or unforeseen circumstances arise).
Get Representation
Whether you are an executor facing a legal challenge or a beneficiary seeking to protect your inheritance, or have a unique legal issue involving an estate that requires judicial interpretation or intervention, professional legal representation is essential for navigating estate disputes effectively.
Estate Planning
Estate planning is the process of making legal arrangements to manage and distribute your assets according to your wishes, both during your lifetime and after your passing.
A well-crafted estate plan typically includes a will, powers of attorney for property and personal care, and, in some cases, trusts or other legal tools to ensure your financial affairs and personal matters are handled smoothly. Estate planning is not just for the wealthy—it’s an essential step for anyone who wants to protect their loved ones, minimize taxes, and avoid unnecessary legal complications.
By working with an experienced estate planning lawyer, you can create a plan that reflects your unique circumstances and goals. Whether you need to appoint guardians for minor children, designate beneficiaries, or structure your estate to reduce probate fees, a lawyer will guide you through the process with clarity and confidence. Proper estate planning helps prevent disputes among family members and ensures your assets are distributed efficiently and according to your wishes.
Without a comprehensive estate plan, your estate may be subject to Ontario’s default intestacy laws, which determine how assets are distributed when there is no valid will. This can lead to unintended consequences, delays, and additional costs for your loved ones. By taking proactive steps now, you can have peace of mind knowing that your affairs are in order and your family is protected.
Frequently Asked Questions
A Will is a legal document that outlines your wishes for the distribution of your assets after your death. Having a Will ensures that your property is distributed according to your preferences and can help prevent disputes among beneficiaries. Without a Will, Ontario’s intestacy laws will determine how your estate is divided, which may not align with your desires.
Dying without a Will, known as dying intestate, means that your estate will be distributed according to Ontario’s Succession Law Reform Act. This legislation sets out a specific formula for asset distribution, however, this predetermined distribution may not reflect your personal wishes or consider the unique needs of your loved ones.
A Power of Attorney is a legal document that grants someone you trust the authority to make decisions on your behalf if you become incapable. In Ontario, there are two main types:
- Continuing Power of Attorney for Property: Allows your appointed person to manage your financial affairs.
- Power of Attorney for Personal Care: Enables your appointed person to make personal care decisions, such as healthcare choices.
Having these documents ensures that your affairs are managed according to your preferences if you’re unable to do so yourself.
Estate Administration Tax (EAT), commonly known as probate fees, applies when obtaining a Certificate of Appointment of Estate Trustee (probate). The tax is calculated based on the value of the estate:
- No tax on the first $50,000
- 1.5% on the value of the estate exceeding $50,000
It’s important to note that certain assets, like jointly held properties and accounts with named beneficiaries, may be excluded from this tax.
It’s advisable to review and update your estate plan whenever significant life events occur, such as marriage, divorce, the birth of a child, or substantial changes in your financial situation. Regular reviews ensure that your estate plan remains aligned with your current circumstances and wishes.
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