A family cottage is one of the most difficult assets to deal with when estate planning. There are various planning strategies to consider when it comes to passing a beloved cottage to the next generation. There are…
Studies indicate that approximately 80% of all New Year’s resolutions ultimately fail. Despite this, many of us continue to set lofty goals for ourselves and the brand new year before us. Various reasons are offered for our…
It was Benjamin Franklin who once said that nothing in this world can be certain except death and taxes. When estate planning, we need to pay specific attention to what occurs when these two certainties collide.
As we blogged earlier this week, November is ‘Make a Will’ month. We thought we would share some fun Will facts to end the work week (and hopefully inspire our readers to contemplate their own Wills): The oldest…
An administrative or estate bond may be required in various situations. For example, an executor (estate trustee) or individual applying for a Certificate of Appointment of Estate Trustee (probate) may be required to post a bond where, for example, the deceased did not leave a Will, the executor named in the Will is not a resident of Ontario or the individual applying to the Court was not named in the Will as an executor.
We have blogged on issues relating to cottage ownership several times in the past and thought it would be helpful to those considering the purchase of a cottage during COVID-19 to have the links to many of these blogs in one place.
If you are entertaining such a purchase, careful estate planning is important.
Beware of hidden legal nuances
It is important to be aware of the fact that, on death, real property is dealt with pursuant to the laws of the jurisdiction in which the property is located. What if your dream holiday home is located in a jurisdiction whose statutes dictate the so called “forced heirship rules”?
The Government of Canada has invited all Canadians to share their thoughts on medical assistance in dying (“MAID”) by completing a brief Questionnaire. You have until January 27, 2020 11:59 PM (PST) to complete the questionnaire and…
What is probate?
Where a person dies leaving a Will, the Executor (now called an ‘Estate Trustee’) obtains their authority to act on behalf of the deceased from the Will. Depending upon the assets owned by the deceased, it is sometimes necessary to ‘probate’ the Will.
If you are like most people, you have likely appointed a family member or close friend to act as your executor. This person may have little to no knowledge as to what acting as an executor actually entails. They may be wholly unprepared for the enormity of the role. There are, however, steps that you can take to make the job of acting as your executor a little easier.
Step 1: Let your executor know where your original Will and other important documents are stored.
Your executor derives their authority to act from your Will and will need to have access to your original Will upon your death. Be sure to advise him or her as to where your original last Will is stored. This might be at your lawyer’s office, home safe, or safe deposit box. Access to a safe deposit box can be restricted upon your death so be sure to discuss this with your bank. Also leave instructions for your executor as to the location of all personal papers including passports, birth certificates, marriage certificates, etc.