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KITPODCAST & RADIO
Typically, the beneficiary (wife) would deal directly with the bank, since the RRSP/RRIF would not pass through the husband's estate. But you can see how the husband's estate, and therefore his executor, would be directly affected by the wife's estate in this case. The husband's estate would be on the hook for the tax on the RRSP or RRIFif the
ESTATE LAW CANADA: ADDING SOMEONE TO THE TITLE OF YOUR Yes, if you pass away your spouse could enter a new relationship and that could well end up with the new person inheriting from your spouse. Just to make sure that you are fully advised and informed, see a lawyer in your province to talk about how the law treats a matrimonial residence. ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: HOW AND WHEN TO SET UP AN ESTATE BANK Most executors and administrators of estates will at some point set up a bank account for processing financial transactions on the estate. Even when an executor or administrator has hired a lawyer to apply to the court for probate or administration, he usually still has to setup an account.
ESTATE LAW CANADA: WHY WON'T THE BANK LET A "JOINT AND If more than one is named, this means the assets vest in both of them. Therefore, one on his or her own does not have the legal authority to deal with the assets of the estate. There is also the fact that an estate is a trust; the executors/trustees hold the ESTATE LAW CANADA: WHAT IS "RESEALING" PROBATE? Posted by Lynne Butler, BA LLB. "Resealing" is the process of having the local provincial or territorial court confirm a Grant of Probate from another jurisdiction. Usually when a person passes away, the Grant of Probate that is obtained from the court is sufficient to dealwith all of
ESTATE LAW CANADA: CLARIFICATION ON THE ALBERTA PROBATE The Form NC19 is a notice to residuary beneficiaries. Anyone who is going to receive a share of the residue of the estate has to be sent this notice by registered mail. The instructions on page 141 are correct. A residuary beneficiary is entitled to receive a full copy of the entire application for probate, which includes a copy of the will,an
ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: WHAT IF A BENEFICIARY WON'T SIGN THE An executor emailed me recently, asking what to do if a beneficiary won't sign the Release. I don't know the facts of the case, but this appears to refer to the Release document that is given to the beneficiary for signing at the end of an estate, accompanied by financial documents that explain what the executor has done with estate assets and liabilities and how he intends to distribute the ESTATE LAW CANADA: WHO IS ENTITLED TO SEE YOUR WILL? Hi Lynne, I am the executor of a late testatrix (T) in Ontario. I am trying to get to the bottom of whether I am required to produce the primary will of the T to the T's daughter, who has no interest in it and is not a beneficiary, even though the daughter IS a beneficiary of the estate generally (under the secondary will) and even though she is the daughter of the deceased. ESTATE LAW CANADAODD ESTATE STORIESLINKSBOOKSLEGAL FORMSAB PROBATEKITPODCAST & RADIO
Typically, the beneficiary (wife) would deal directly with the bank, since the RRSP/RRIF would not pass through the husband's estate. But you can see how the husband's estate, and therefore his executor, would be directly affected by the wife's estate in this case. The husband's estate would be on the hook for the tax on the RRSP or RRIFif the
ESTATE LAW CANADA: ADDING SOMEONE TO THE TITLE OF YOUR Yes, if you pass away your spouse could enter a new relationship and that could well end up with the new person inheriting from your spouse. Just to make sure that you are fully advised and informed, see a lawyer in your province to talk about how the law treats a matrimonial residence. ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: HOW AND WHEN TO SET UP AN ESTATE BANK Most executors and administrators of estates will at some point set up a bank account for processing financial transactions on the estate. Even when an executor or administrator has hired a lawyer to apply to the court for probate or administration, he usually still has to setup an account.
ESTATE LAW CANADA: WHY WON'T THE BANK LET A "JOINT AND If more than one is named, this means the assets vest in both of them. Therefore, one on his or her own does not have the legal authority to deal with the assets of the estate. There is also the fact that an estate is a trust; the executors/trustees hold the ESTATE LAW CANADA: WHAT IS "RESEALING" PROBATE? Posted by Lynne Butler, BA LLB. "Resealing" is the process of having the local provincial or territorial court confirm a Grant of Probate from another jurisdiction. Usually when a person passes away, the Grant of Probate that is obtained from the court is sufficient to dealwith all of
ESTATE LAW CANADA: CLARIFICATION ON THE ALBERTA PROBATE The Form NC19 is a notice to residuary beneficiaries. Anyone who is going to receive a share of the residue of the estate has to be sent this notice by registered mail. The instructions on page 141 are correct. A residuary beneficiary is entitled to receive a full copy of the entire application for probate, which includes a copy of the will,an
ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: WHAT IF A BENEFICIARY WON'T SIGN THE An executor emailed me recently, asking what to do if a beneficiary won't sign the Release. I don't know the facts of the case, but this appears to refer to the Release document that is given to the beneficiary for signing at the end of an estate, accompanied by financial documents that explain what the executor has done with estate assets and liabilities and how he intends to distribute the ESTATE LAW CANADA: WHO IS ENTITLED TO SEE YOUR WILL? Hi Lynne, I am the executor of a late testatrix (T) in Ontario. I am trying to get to the bottom of whether I am required to produce the primary will of the T to the T's daughter, who has no interest in it and is not a beneficiary, even though the daughter IS a beneficiary of the estate generally (under the secondary will) and even though she is the daughter of the deceased. ESTATE LAW CANADA: LINKS Hi Val, It would be very unusual for a beneficiary to get a copy of everything in the executor's file. At the end of the estate, a residuary beneficiary receives the financial accounting and a release. ESTATE LAW CANADA: JUNE 2020 Terry Dooley, an accountant in Toronto, agreed to be the executor of his client's estate. When the client, Martin Williamson, passed away, the client's daughter contested the will, beginning a 7-year legal battle. The estate was valued at 7.5 million dollars. Mr. ESTATE LAW CANADA: NO TAX BENEFIT ON A RRSP/RRIF ROLLOVER A recent article in the Financial Post talked about how RRSPs and RRIFs are taxed upon the death of the owner. This is something that I discuss with the majority of my clients, as we make sure to discuss beneficiary designations, joint property, and a dozen other things as we plan their wills. ESTATE LAW CANADA: LEGAL FORMS Legal Forms. Below is a list of reliable, inexpensive, estate-related forms that you can find at Law Depot. This is only a small sampling of their selection. Click the following link for documents relating to family law, business, and incorporation: Online Legal Forms. Do-it-yourself Last Will and Testament. ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: WHAT HAPPENS IF MY EXECUTOR LIVES This is a very common question, given how families these days are spread out all over the country and perhaps even beyond. If you've appointed someone outside the province as your executor, you need to be aware of the rules about that. ESTATE LAW CANADA: IF YOU'RE THE EXECUTOR, WALKING AWAY IS One is to pass away. The other is to ask the court to dismiss you. Just deciding not to take care of it anymore doesn't mean that you have stepped down and it doesn't absolve you of your legal responsibility to the estate. You're not allowed to just walk away because being an executor and trustee is a fiduciary responsibility. ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: WHAT HAPPENS WITH A BANKRUPT ESTATE? What happens with a bankrupt estate? First of all, it's important to realize that there is a difference between an insolvent estate and a bankrupt estate. An insolvent estate, which is much more likely, simply does not have enough assets to pay all of the ESTATE LAW CANADA: CAN I APPOINT MY LAWYER AS MY EXECUTOR? If your lawyer acts as your executor, your lawyer cannot charge your estate for executor work at the same rate he or she would charge for legal work. If your lawyer may charge $350 to work on your lawsuit or contract, but he or she cannot charge that for executor work. This is because you appointed an individual executor who just happens to be ESTATE LAW CANADAODD ESTATE STORIESLINKSBOOKSLEGAL FORMSAB PROBATEKITPODCAST & RADIO
Typically, the beneficiary (wife) would deal directly with the bank, since the RRSP/RRIF would not pass through the husband's estate. But you can see how the husband's estate, and therefore his executor, would be directly affected by the wife's estate in this case. The husband's estate would be on the hook for the tax on the RRSP or RRIFif the
ESTATE LAW CANADA: LINKS Hi Val, It would be very unusual for a beneficiary to get a copy of everything in the executor's file. At the end of the estate, a residuary beneficiary receives the financial accounting and a release. ESTATE LAW CANADA: LEGAL FORMS Legal Forms. Below is a list of reliable, inexpensive, estate-related forms that you can find at Law Depot. This is only a small sampling of their selection. Click the following link for documents relating to family law, business, and incorporation: Online Legal Forms. Do-it-yourself Last Will and Testament. ESTATE LAW CANADA: NO, ACTING UNDER A POA DOES NOT ALLOW I'm always glad that people ask a question before going ahead and trying to take steps that end up being a problem. This reader is asking about a step that I hear about often, which is a person under a Power of Attorney attempting to change a beneficiary designation on behalf of the incapacitated owner of a registered financialinstrument.
ESTATE LAW CANADA: ADDING SOMEONE TO THE TITLE OF YOUR Yes, if you pass away your spouse could enter a new relationship and that could well end up with the new person inheriting from your spouse. Just to make sure that you are fully advised and informed, see a lawyer in your province to talk about how the law treats a matrimonial residence. ESTATE LAW CANADA: ODD ESTATE STORIES Here are some brief examples I've seen in my own practice: - a client requested a full Viking funeral. - another client requested that his remains be put in a garbage bag and thrown off a cliff into the ocean. - a will was found stashed inside the headboard of the deceased person's bed. - another will was found rolled up inside an emptyshaving
ESTATE LAW CANADA: WHAT HAPPENS IF MY EXECUTOR LIVES This is a very common question, given how families these days are spread out all over the country and perhaps even beyond. If you've appointed someone outside the province as your executor, you need to be aware of the rules about that. ESTATE LAW CANADA: IF YOU'RE THE EXECUTOR, WALKING AWAY IS One is to pass away. The other is to ask the court to dismiss you. Just deciding not to take care of it anymore doesn't mean that you have stepped down and it doesn't absolve you of your legal responsibility to the estate. You're not allowed to just walk away because being an executor and trustee is a fiduciary responsibility. ESTATE LAW CANADA: HOW AND WHEN TO SET UP AN ESTATE BANK Most executors and administrators of estates will at some point set up a bank account for processing financial transactions on the estate. Even when an executor or administrator has hired a lawyer to apply to the court for probate or administration, he usually still has to setup an account.
ESTATE LAW CANADAODD ESTATE STORIESLINKSBOOKSLEGAL FORMSAB PROBATEKITPODCAST & RADIO
Typically, the beneficiary (wife) would deal directly with the bank, since the RRSP/RRIF would not pass through the husband's estate. But you can see how the husband's estate, and therefore his executor, would be directly affected by the wife's estate in this case. The husband's estate would be on the hook for the tax on the RRSP or RRIFif the
ESTATE LAW CANADA: LINKS Hi Val, It would be very unusual for a beneficiary to get a copy of everything in the executor's file. At the end of the estate, a residuary beneficiary receives the financial accounting and a release. ESTATE LAW CANADA: LEGAL FORMS Legal Forms. Below is a list of reliable, inexpensive, estate-related forms that you can find at Law Depot. This is only a small sampling of their selection. Click the following link for documents relating to family law, business, and incorporation: Online Legal Forms. Do-it-yourself Last Will and Testament. ESTATE LAW CANADA: NO, ACTING UNDER A POA DOES NOT ALLOW I'm always glad that people ask a question before going ahead and trying to take steps that end up being a problem. This reader is asking about a step that I hear about often, which is a person under a Power of Attorney attempting to change a beneficiary designation on behalf of the incapacitated owner of a registered financialinstrument.
ESTATE LAW CANADA: ADDING SOMEONE TO THE TITLE OF YOUR Yes, if you pass away your spouse could enter a new relationship and that could well end up with the new person inheriting from your spouse. Just to make sure that you are fully advised and informed, see a lawyer in your province to talk about how the law treats a matrimonial residence. ESTATE LAW CANADA: ODD ESTATE STORIES Here are some brief examples I've seen in my own practice: - a client requested a full Viking funeral. - another client requested that his remains be put in a garbage bag and thrown off a cliff into the ocean. - a will was found stashed inside the headboard of the deceased person's bed. - another will was found rolled up inside an emptyshaving
ESTATE LAW CANADA: WHAT HAPPENS IF MY EXECUTOR LIVES This is a very common question, given how families these days are spread out all over the country and perhaps even beyond. If you've appointed someone outside the province as your executor, you need to be aware of the rules about that. ESTATE LAW CANADA: IF YOU'RE THE EXECUTOR, WALKING AWAY IS One is to pass away. The other is to ask the court to dismiss you. Just deciding not to take care of it anymore doesn't mean that you have stepped down and it doesn't absolve you of your legal responsibility to the estate. You're not allowed to just walk away because being an executor and trustee is a fiduciary responsibility. ESTATE LAW CANADA: HOW AND WHEN TO SET UP AN ESTATE BANK Most executors and administrators of estates will at some point set up a bank account for processing financial transactions on the estate. Even when an executor or administrator has hired a lawyer to apply to the court for probate or administration, he usually still has to setup an account.
ESTATE LAW CANADA: WHAT IF A BENEFICIARY WON'T SIGN THE An executor emailed me recently, asking what to do if a beneficiary won't sign the Release. I don't know the facts of the case, but this appears to refer to the Release document that is given to the beneficiary for signing at the end of an estate, accompanied by financial documents that explain what the executor has done with estate assets and liabilities and how he intends to distribute the ESTATE LAW CANADA: FEBRUARY 2020 1. It's suggested that the requirement that death by natural causes must be "reasonably foreseeable" should be removed from the law. Right now, in order for an action under MAID to be legal, it can only be done where the person choosing to die can ESTATE LAW CANADA: FEBRUARY 2021 Readers from Saskatchewan are in luck! There is a new blog out of Saskatoon that is dedicated to local wills and estates issues. The contents of the blog are written by lawyer James Steele, who has written a couple of guest posts for our blog along the way. ESTATE LAW CANADA: ODD ESTATE STORIES Here are some brief examples I've seen in my own practice: - a client requested a full Viking funeral. - another client requested that his remains be put in a garbage bag and thrown off a cliff into the ocean. - a will was found stashed inside the headboard of the deceased person's bed. - another will was found rolled up inside an emptyshaving
ESTATE LAW CANADA: A SEMINAR ABOUT HOW TO BE AN EXECUTOR. There are lots of various material on-line pertaining to being an executor. Of most concerning to me is the necessary legalities involved. I checklist would be a better idea with a note that each person should print/keep that info and speak with their spouses/beneficiaries and, if ESTATE LAW CANADA: NO, ACTING UNDER A POA DOES NOT ALLOW I'm always glad that people ask a question before going ahead and trying to take steps that end up being a problem. This reader is asking about a step that I hear about often, which is a person under a Power of Attorney attempting to change a beneficiary designation on behalf of the incapacitated owner of a registered financialinstrument.
ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: IF YOU'RE THE EXECUTOR, WALKING AWAY IS One is to pass away. The other is to ask the court to dismiss you. Just deciding not to take care of it anymore doesn't mean that you have stepped down and it doesn't absolve you of your legal responsibility to the estate. You're not allowed to just walk away because being an executor and trustee is a fiduciary responsibility. ESTATE LAW CANADA: CLARIFICATION ON THE ALBERTA PROBATE The Form NC19 is a notice to residuary beneficiaries. Anyone who is going to receive a share of the residue of the estate has to be sent this notice by registered mail. The instructions on page 141 are correct. A residuary beneficiary is entitled to receive a full copy of the entire application for probate, which includes a copy of the will,an
ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: DOES CANADA HAVE DEATH TAXES OR For example, everyone who owns an RRSP knows that we do not pay tax on the money we put into our RRSPs until we take it back out. In other words, the money is not tax-free, it is tax-deferred.Every time we take out a portion of the funds, we pay the tax on that portion. ESTATE LAW CANADAODD ESTATE STORIESLINKSBOOKSLEGAL FORMSAB PROBATEKITPODCAST & RADIO
Typically, the beneficiary (wife) would deal directly with the bank, since the RRSP/RRIF would not pass through the husband's estate. But you can see how the husband's estate, and therefore his executor, would be directly affected by the wife's estate in this case. The husband's estate would be on the hook for the tax on the RRSP or RRIFif the
ESTATE LAW CANADA: ADDING SOMEONE TO THE TITLE OF YOUR Yes, if you pass away your spouse could enter a new relationship and that could well end up with the new person inheriting from your spouse. Just to make sure that you are fully advised and informed, see a lawyer in your province to talk about how the law treats a matrimonial residence. ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: HOW AND WHEN TO SET UP AN ESTATE BANK Most executors and administrators of estates will at some point set up a bank account for processing financial transactions on the estate. Even when an executor or administrator has hired a lawyer to apply to the court for probate or administration, he usually still has to setup an account.
ESTATE LAW CANADA: CLARIFICATION ON THE ALBERTA PROBATE The Form NC19 is a notice to residuary beneficiaries. Anyone who is going to receive a share of the residue of the estate has to be sent this notice by registered mail. The instructions on page 141 are correct. A residuary beneficiary is entitled to receive a full copy of the entire application for probate, which includes a copy of the will,an
ESTATE LAW CANADA: WHAT IS "RESEALING" PROBATE? Posted by Lynne Butler, BA LLB. "Resealing" is the process of having the local provincial or territorial court confirm a Grant of Probate from another jurisdiction. Usually when a person passes away, the Grant of Probate that is obtained from the court is sufficient to dealwith all of
ESTATE LAW CANADA: WHAT IF A BENEFICIARY WON'T SIGN THE An executor emailed me recently, asking what to do if a beneficiary won't sign the Release. I don't know the facts of the case, but this appears to refer to the Release document that is given to the beneficiary for signing at the end of an estate, accompanied by financial documents that explain what the executor has done with estate assets and liabilities and how he intends to distribute the ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: CAN I APPOINT MY LAWYER AS MY EXECUTOR? If your lawyer may charge $350 to work on your lawsuit or contract, but he or she cannot charge that for executor work. This is because you appointed an individual executor who just happens to be a lawyer. The lawyer will be limited to charging what any other executor could charge (in Alberta, that's 1% to 5% of the estate). ESTATE LAW CANADA: WHO IS ENTITLED TO SEE YOUR WILL? Hi Lynne, I am the executor of a late testatrix (T) in Ontario. I am trying to get to the bottom of whether I am required to produce the primary will of the T to the T's daughter, who has no interest in it and is not a beneficiary, even though the daughter IS a beneficiary of the estate generally (under the secondary will) and even though she is the daughter of the deceased. ESTATE LAW CANADAODD ESTATE STORIESLINKSBOOKSLEGAL FORMSAB PROBATEKITPODCAST & RADIO
Typically, the beneficiary (wife) would deal directly with the bank, since the RRSP/RRIF would not pass through the husband's estate. But you can see how the husband's estate, and therefore his executor, would be directly affected by the wife's estate in this case. The husband's estate would be on the hook for the tax on the RRSP or RRIFif the
ESTATE LAW CANADA: ADDING SOMEONE TO THE TITLE OF YOUR Yes, if you pass away your spouse could enter a new relationship and that could well end up with the new person inheriting from your spouse. Just to make sure that you are fully advised and informed, see a lawyer in your province to talk about how the law treats a matrimonial residence. ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: HOW AND WHEN TO SET UP AN ESTATE BANK Most executors and administrators of estates will at some point set up a bank account for processing financial transactions on the estate. Even when an executor or administrator has hired a lawyer to apply to the court for probate or administration, he usually still has to setup an account.
ESTATE LAW CANADA: CLARIFICATION ON THE ALBERTA PROBATE The Form NC19 is a notice to residuary beneficiaries. Anyone who is going to receive a share of the residue of the estate has to be sent this notice by registered mail. The instructions on page 141 are correct. A residuary beneficiary is entitled to receive a full copy of the entire application for probate, which includes a copy of the will,an
ESTATE LAW CANADA: WHAT IS "RESEALING" PROBATE? Posted by Lynne Butler, BA LLB. "Resealing" is the process of having the local provincial or territorial court confirm a Grant of Probate from another jurisdiction. Usually when a person passes away, the Grant of Probate that is obtained from the court is sufficient to dealwith all of
ESTATE LAW CANADA: WHAT IF A BENEFICIARY WON'T SIGN THE An executor emailed me recently, asking what to do if a beneficiary won't sign the Release. I don't know the facts of the case, but this appears to refer to the Release document that is given to the beneficiary for signing at the end of an estate, accompanied by financial documents that explain what the executor has done with estate assets and liabilities and how he intends to distribute the ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: CAN I APPOINT MY LAWYER AS MY EXECUTOR? If your lawyer may charge $350 to work on your lawsuit or contract, but he or she cannot charge that for executor work. This is because you appointed an individual executor who just happens to be a lawyer. The lawyer will be limited to charging what any other executor could charge (in Alberta, that's 1% to 5% of the estate). ESTATE LAW CANADA: WHO IS ENTITLED TO SEE YOUR WILL? Hi Lynne, I am the executor of a late testatrix (T) in Ontario. I am trying to get to the bottom of whether I am required to produce the primary will of the T to the T's daughter, who has no interest in it and is not a beneficiary, even though the daughter IS a beneficiary of the estate generally (under the secondary will) and even though she is the daughter of the deceased. ESTATE LAW CANADA: LINKS Hi Val, It would be very unusual for a beneficiary to get a copy of everything in the executor's file. At the end of the estate, a residuary beneficiary receives the financial accounting and a release. ESTATE LAW CANADA: APRIL 2021 The sale agreement is valid and the executor is legally bound to complete it. The executor must step into the place of the deceased man and carry out the deal to sell the car to the neighbour. This is true of other assets as well; anything subject to a valid agreement for sale would be in the same situation. This means that the nephew doesnot
ESTATE LAW CANADA: LEGAL FORMS Legal Forms. Below is a list of reliable, inexpensive, estate-related forms that you can find at Law Depot. This is only a small sampling of their selection. Click the following link for documents relating to family law, business, and incorporation: Online Legal Forms. Do-it-yourself Last Will and Testament. ESTATE LAW CANADA: EXECUTORS CAN STEAL FROM ESTATES WITH First statement is correct. I'm dealing with this now over my grandmother's estate. I saw a lawyer at 8mths post death and had just received the copy of Will finally and only due to my refusing to release my own father's death certificate for income taxes to beaccomplished.
ESTATE LAW CANADA: THIS CLAUSE DOES NOT MEAN WHAT THE The clause that you quoted has been raised before by executors who are clueless about what it means. Anyone looking for an excuse to mess with the distribution of an estate seems to fixate on that clause for some reason. All it says is that an executor can try to be smart about selling or cashing in assets to take advantage of good market ESTATE LAW CANADA: ODD ESTATE STORIES Here are some brief examples I've seen in my own practice: - a client requested a full Viking funeral. - another client requested that his remains be put in a garbage bag and thrown off a cliff into the ocean. - a will was found stashed inside the headboard of the deceased person's bed. - another will was found rolled up inside an emptyshaving
ESTATE LAW CANADA: IF YOU'RE THE EXECUTOR, WALKING AWAY IS One is to pass away. The other is to ask the court to dismiss you. Just deciding not to take care of it anymore doesn't mean that you have stepped down and it doesn't absolve you of your legal responsibility to the estate. You're not allowed to just walk away because being an executor and trustee is a fiduciary responsibility. ESTATE LAW CANADA: WHY DO RESIDUARY BENEFICIARIES SIGN A Why do residuary beneficiaries sign a release? When the executor of an estate has finished cashing in assets and paying bills, has filed the tax returns and is ready to pay the beneficiaries, he or she will send the residuary beneficiaries a set of financial statements. Along with ESTATE LAW CANADA: WHY WON'T THE BANK LET A "JOINT AND If more than one is named, this means the assets vest in both of them. Therefore, one on his or her own does not have the legal authority to deal with the assets of the estate. There is also the fact that an estate is a trust; the executors/trustees hold the ESTATE LAW CANADA: HOW DO I CHANGE EXECUTORS? A person can change his or her choice of executor in the Will as long as he or she has mental capacity to do so. Changing the executor doesn't necessarily mean making a whole new Will. If you are happy with your Will other than the executor named, you can have a Codicil made that only changes the executorship.ESTATE LAW CANADA
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Posted by Lynne Butler, BA LLB Check out our newest video on our YouTube channel. It's even gotdance-able music.
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TUESDAY, AUGUST 27, 2019 HOW EASY IS IT TO REMOVE AN EXECUTOR? Posted by Lynne Butler, BA LLB A question that I hear frequently from beneficiaries is how to remove an executor who has been appointed by a will. The question generally arises after the testator has passed away and the contents of the will are divulged. Sometimes the beneficiaries don't like how the estate is going because there are delays or disputes. In other cases, the executor barely has time to even read the will before the beneficiaries go on the warpath and want to give the executor theboot.
Let me say right off that the choice of executor belongs to the testator. If it isn't your will, you don't get to choose the beneficiary. It bothers me to see how many beneficiaries and family members decide an executor has to go when it simply is not up to them. There is not much respect for the deceased's wishes when people disregard the choice of executor. Executors can be removed by the courts. It's not impossible, but it is pretty darn hard to do. You will need really strong reasons backed by evidence before the court will even entertain your request to remove an executor. The bar is set very high. When I tell this to clients sitting across the desk from me, I get push-back. People want to hear that they can have what they see as the most reasonable option. In some cases, as mentioned, the executor doesn't even get a chance to get started before beneficiaries decide he or she won't cut it. But you cannot have an executor removed because you predict that he or she will be bad at it. This is for two reasons. One is that being named as an executor is a right given to the executor by the testator. The executor has the right to administer the estate until it is proven that he or she can't do the job and has messed up in a big way. The second reason is that the court's job is not to change what's in the will; the court's job is to ensure that the will is followed. It always baffles me when a beneficiary insists that every word of the clause giving them an inheritance must be followed but the part about the executor should be changed. You have to follow the whole will and not just the parts you like. So when can a beneficiary ask a court to remove an executor and have a reasonable chance of success? The case can be won when there has been a breach of the executor's duties. This usually means that money is missing, that the executor is making costly mistakes due to foolish choices, that the estate is dragging on for years for no reason, or that the executor is acting in his own interests and not that of the estate. The bottom line is what is best for the estate. If you have evidence to support one of these claims, you might have success. The most common situation that I've seen is that the beneficiaries and the executor are fighting so constantly and so bitterly that the estate is at a standstill. In that case, the court will normally remove the executor and appoint a neutral third party. It is highly unlikely that in the case of disputing parties, the court is going to sub in a beneficiary because the fight is just going to go on. The take-away from this post is that it's not easy to persuade a court to remove an executor, but sometimes it's the best solution for an estate that has gone off the rails.No comments:
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Keywords removal of executors MONDAY, AUGUST 26, 2019 Posted by Lynne Butler, BA LLB A little taste of my home town. This is the local police patrollingdowntown.
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WEDNESDAY, AUGUST 21, 2019 HOW OLD SHOULD YOUR EXECUTOR BE? Posted by Lynne Butler, BA LLB Something that I talk about a lot on this blog is the choice of executor. It's an absolutely crucial decision. You must have someone who is willing and able to do the job the way you need it to be done. Many of my clients, when having their wills made, indicate to me that they have a good candidate in mind but are not sure whether the person's age makes them a poor choice. This could be because they want their parents to be their executors but they are concerned that it could be too much for the parents once they reach a certain age. Other clients would like to name their children but wonder whether the children are too young to take on suchresponsibility.
I've recently read a very good article by Ontario lawyer Susannah Roth that specifically discusses how to deal with the question of your executor's age. She has some good, practical ideas that some of you will no doubt find very useful in your own planning. Click hereto
read the article.
While age is not the only factor in choosing an executor, it's something that should always be considered.No comments:
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FRIDAY, AUGUST 16, 2019 MY HUSBAND HAS AN ILLEGITIMATE CHILD. DOES HE HAVE A CLAIM AGAINST MYHUSBAND'S ESTATE?
Posted by Lynne Butler, BA LLB I am often asked by clients and readers of this blog about how children born out of wedlock affect the estate planning of the biological parent. I was recently asked an interesting question along those lines by a reader and I've decided to share it here because I think it brings up a scenario that is familiar to many people. Here is the question and my response: _My husband and I, both in our 80s, have recently made our wills leaving everything to each other and then equally to our children. My husband has a son from an affair while we were married. The son lives in another country and we are in Canada. The son appears to be well educated with a good profession. He has tried to make contact with my husband. Must he be mentioned in our will? Could he contest his father's will and would that interfere with my inheritance if my husband dies first?_ As with most questions about how laws apply to real people, the answer isn't just a simple yes or no. At least, not without several moredetails.
You have not said whether the son was adopted by anyone else. I am thinking of a step-father who might have adopted him upon marrying the boy's mother. If the son was adopted by anyone else, he would legally no longer be the child of your husband and there would simply be no question of the son having any right at all to inherit anything from your husband. Since the fact of adoption was not included in your question, I am going to proceed as if there was no adoption. The law does not distinguish between legitimate and illegitimate children when it comes to a right to inherit. So, we start off with the premise that the illegitimate son is of equal legal status with the children of your marriage. The fact that there doesn't seem to be a relationship between father and son, at least not that you've described, doesn't automatically mean anything though it could be relevant when combined with other facts. Then we look at whether the son would be able to leverage his biological relationship into a claim against the estate. He is not a minor. He is not a post-secondary student. He is not disabled. He is not financially dependent upon your husband. These facts mean that he is not a person who would automatically have the right to contest the will based on the idea of dependency. This is a big question out of the way, since the courts tend to be sympathetic to dependents who are left out of wills and who are struggling because of it. Having excluded that possibility, we then look at whether there would be any other right to contest the will. I note that although I have not identified your province in order to protect your privacy, you are not in British Columbia where the laws that allow children to contest their parents' wills are somewhat different than the test of the country. In Canada, parents are not required to leave their estates to their adult, financially independent children, either equally or at all. We do have a strong tradition of doing so, and this is usually what our children expect us to do. But parents have the right to leave their estates where they choose, within some restrictions. It is not necessary for your husband to mention the son in his will. A misconception that I hear often is that if you leave a person a dollar in your will, he can't sue you. Well, that's nonsense of course, but the grain of truth behind it is that if you leave someone a small gift in your will, it shows that they weren't left out accidentally (say, by a typo or the lawyer not recording a name, etc).Your husband may choose to leave something to the son. He might also choose to state in his will that he is aware of the son but isn't leaving him anything because he doesn't have a relationship with him. It achieves the samething.
From what you've told me, I do not believe that the son would have any claim against your husband's estate that would succeed in court. Obviously I can't guarantee that he wouldn't try, since I am approached regularly by people who want to contest wills for no reason other than they are ticked off.2 comments:
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LYNNE BUTLER, BA, LLB * Lynne Butler, BA LLB View my complete profileABOUT LYNNE BUTLER
Lynne is a lawyer, mediator, seminar presenter, and writer based in St. John's, NL. She works only in wills, estates, probate, trusts, elder law, adult guardianship, and related matters. Lynne has been interviewed on BNN, CityTV, GlobalTV, CPAC, CBC Radio, VOCM Radio, the Wall Street Journal, the Globe and Mail, the Vancouver Province, the Toronto Star, the Edmonton Journal, the Montreal Gazette, Maclean's Magazine, Canadian Lawyer Magazine, Lawyer's Weekly Magazine, Advisors' Edge Magazine, Cottage Magazine, Today's Parent Magazine, Caregiver Solutions Magazine, and several websites. Lynne is the author of 10 books about estate planning, and one book about legal history. Lynne is the editor of _MC2_, the national magazine of Mensa Canada. Lynne is the former co-host of The Law Show, a weekly program on VOCMradio.
Lynne is the Chair of the Wills and Estates section of the Bar Admission Course for Newfoundland and Labrador. Lynne is a Learning Group Facilitator (online instructor) for the _Legal Research and Writing_ and the _Written Advice and Advocacy _modules of the Alberta Bar Admission course. She is a member of the Law Society of Newfoundland and Labrador, the Law Society of Alberta, the Canadian Bar Association, STEP Canada, ADR Atlantic Institute, the Canadian Institute of Certified Executor Advisors, and Mensa Canada.POPULAR POSTS
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_No blog post or online article could ever take the place of a one-on-one discussion with an experienced professional advisor. Even when responding to a reader question, the answers on this blog are intended as general information only. Don't rely on general information as if it were legal advice. Use what you read here as a starting point for your research or enquiries._ 2109 Lynne Butler. Ethereal theme. Powered by Blogger.
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