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Introduction to Probate & Estate Administration
2 Minute Read Probate refers to the legal process by which the Court recognizes the official appointment and authority of the estate trustee to administer the deceased’s estate, whereas estate administration refers to the entire process in which the estate trustee settles and administers the deceased’s estate. Learn more about the estate administration process in
Introduction to Estate Litigation
3 Minute Read Estate litigation covers a wide variety of legal disputes that can arise regarding the administration and settling of a deceased person’s estate. Let’s discuss below. Unlike other areas of law, proceedings in estate litigation are often conducted by way of Application rather than Action (a trial). Although, some proceedings by application can
Types of Claims Against Wills
3 Minute Read Following a family member’s death, disagreements over the provisions of the deceased’s Will can lead to estate litigation. In today’s article, we provide a brief overview of the different kinds of claims that can made against Wills, including Will challenge claims, interpretation & rectification claims, and most recently, claims made under s21.1
Introduction to Guardianships
4 Minute Read When an individual is mentally incapable of making certain decisions, they may require a legally authorized substitute decision-maker to make them on their behalf. A guardian is one type of substitute decision-maker who is authorized by the Court or the Office of the Public Guardian and Trustee (OPGT). In this article, we
What is Decision-Making Capacity? How is it Assessed?
2 Minute Read Capacity (or decision-making capacity) refers to the legal ability of an individual to make decisions about their lives and give consent. All individuals over the age of 18 in Ontario are legally presumed to be capable of making their own decisions. This presumption can be rebutted by the facts of each particular
Making a Dependent Support Claim against an Estate
2 Minute Read Sometimes, an individual may pass without creating adequate support provisions in their estate plans for individuals who are financially dependent on them right before death. In these cases, the dependent individual may pursue a support claim against the estate. In this article, we discuss what these support claims are, who may be