Thijiba Sinnathamby

We last discussed all of the sweeping changes in the area of estates law including a substantial change to probate forms and applications for various Certificate of Appointments in our previous post, which

In Ontario, the Office of the Public Guardian and Trustee (“PGT”) is part of the Victims and Vulnerable Persons Division of the Ministry of the Attorney General. The Public Guardian and Trustee Act sets out the PGT’s role, responsibilities and duties.

There may be circumstances where your client is “inheriting” an insolvent estate. Insolvency, which is different from bankruptcy, is where a person, living or dead - is unable to meet his or her liabilities or has an excess of liabilities over assets.

We are a year into life with Covid-19 and while we’ve certainly adjusted to the changes introduced by the Ontario Government in an effort to modernize the justice system, there are more noteworthy changes that will likely come into effect this April.

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.

Working with clients who have beneficiaries or loved ones with a disability requires a different approach from standard estate planning processes.

As of April 7, 2020 and for the duration of the COVID-19 emergency, an emergency Order In Council was made under s.7.1 of the Emergency Management and Civil Protection Act, allowing for Ontarians to sign their Will and Powers of Attorney documents with the use of virtual witnesses.

In law, there is a presumption of testamentary capacity when an adult executes a will. The legal test for testamentary capacity initially set out in Banks v Goodfellow and adopted by the Supreme Court of Canada in Ouderkirk v Ouderkirk will be discussed.

To ensure your estate practice is running smoothly, you need to become well acquainted with the art of note taking. It is simply not okay to get basic information from your clients, you should have an understanding of your client's goals, intentions, family dynamics.