Category: Canada

Canadian law has historically adhered to the “presumption of advancement” principle when it comes to joint bank accounts. Under the presumption of advancement principle, the assets in a joint account are presumed to pass to the surviving joint account holder when one joint account holder dies. What happens to a joint bank account when someone […]

Unless included in your business income, trustee, executor, or liquidator fees paid to you for acting as an executor is income from an office or employment. As the executor, you must report these fees on a T4 slip. Are executor fees tax deductible to the estate in Canada? The CRA considers executor fees to be […]

If you want to make a claim, you should talk to a lawyer immediately. A wills variation claim must be started within 180 days from the date the grant of probate or administration is issued by the probate registry. Is there a time limit to challenge a will? In fact, a will can be challenged […]

Probate court issues authority to estate executor When the British Columbia probate court issues a grant of probate, the executor has the authority to sell the property in order to proceed with their duties of distributing assets. Can executor sell property without all beneficiaries approving Canada? The answer is no. An executor can’t sell any […]

In Ontario, wills do not expire. Is there a time limit to execute a will in Canada? Is there a time limit to settle a will? There is no strict time limit to settle a will, but judges expect to see reasonable action taken on the will, and the courts expect most estates to settle […]

What are the grounds for challenging a will? Undue influence. Lack of capacity to make a will. Mistakes or noncompliance with formal requirements (unsigned, not properly witnessed) Fraud. Lack of provision for spouse or dependants. Unclear testator intentions. What are the most common reasons for contesting a will? Blog The four primary legal reasons for […]

No, an executor cannot override or modify the terms of a will, with few exceptions. In fact, as a fiduciary to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will. Can an executor change the wishes […]

If the two of you held real estate as “tenants in common” then your partner’s share of the property goes to their estate. Their estate is then divided according to their will or intestacy rules. If you are listed as a “beneficiary” in an insurance policy or on investment papers, you also get that money. […]

FOUR WAYS TO AVOID PROBATE GET RID OF ALL OF YOUR PROPERTY. USE JOINT OWNERSHIP WITH RIGHTS OF SURVIVORSHIP OR TENANCY BY THE ENTIRETY. USE BENEFICIARY DESIGNATIONS. USE A ALTER EGO TRUST. Can an estate be settled without probate in Canada? Probate of an estate is not generally necessary to transfer: Real estate that is […]

Probate is not always necessary to transfer: Real estate that is jointly owned; Insurance proceeds that are payable to a named beneficiary; Canada Savings Bonds (under certain circumstances); Does an estate have to go through probate in Canada? Does every will go through probate? Most written wills have to go through probate in Canada. However, […]