Acting as a fiduciary can be particularly onerous for a lay person. As a lawyer whose client may be considering taking on the role (or is currently in the role) of an estate trustee, attorney for property or a trustee, it is of utmost importance to equip your clients with the knowledge...

Powers of attorney are one of the most important documents in your client’s estate plan, simply by virtue of the fact that they come into effect when your client is often at their most vulnerable – living, but lacking the ability to make decisions.

We know that COVID-19 protocols and procedures have had everyone thrown off course more times than any of us care to admit. Once we’ve had a chance to figure out and implement one practice direction, we are undoubtedly thrown a new one.

Obtaining a certificate of appointment of estate trustee with or without a will can be a process. As many estate lawyers know, it is not often that an application is approved upon first submission, in fact most are returned for corrections.

With most parts of Ontario entering phase two, there will certainly be a backlog of probate applications being processed, unless there is some urgency. While courts continue to accept and process probate applications, we can expect months long delay in receiving Certificates.