C'est la Vie Estate Law Blog

 What Happens if Someone Dies Without a Will in Ontario? In Ontario, when a person dies without a Will, they are said to have died "intestate." This situation can create challenges for the deceased’s loved ones, as the distribution of their assets and the management of their estate are dictated by provincial laws rather than personal wishes. Here’s a breakdown of what happens in such cases. 1. Intestate Succession Law Ontario's intestacy laws govern how the deceased’s assets will be distributed. The distribution follows a hierarchy established by the Succession Law Reform Act . The first in line are typically spouses and children. If there are no surviving children, the estate may go to parents, siblings, or further relatives in a specific order. If no relatives can be found, the estate may ultimately be transferred to the government. 2. Estate Administration Without a Will, no one is automatically appointed to administer the estate. However, an interested party, often a...

What to do if an estate has more debts than assets?  Here’s an overview of executor responsibilities and liabilities concerning insolvent estates in Ontario: Fiduciary Duty: Executors, or estate trustees as they are known in Ontario, have a fiduciary duty to manage the estate’s affairs responsibly. This includes ensuring that all debts and taxes are paid in accordance with the law.  Notice to Creditors and Handling Claims:  Executors are required to notify creditors of the estate, typically through a published notice and/or written notifications. This step is crucial for ensuring that all creditors have the opportunity to make claims against the estate. Executors need to carefully review and address creditor claims and settle valid claims according to their priority. If there are insufficient funds, some creditors may not be paid in full, and the estate may be required to write off certain debts. Executor Liability:  An executor is not automatically liable for t...

Understanding Estate Administration Tax in Ontario When administering the estate of a deceased person in Ontario, one important aspect to be aware of is the Estate Administration Tax (EAT). This tax, sometimes known as probate tax, is a fee levied by the provincial government to process the probate application and grant legal authority to execute the estate. Here’s a straightforward guide to understanding this tax. What is Estate Administration Tax? Estate Administration Tax is a fee charged by the Ontario government on the value of an estate that goes through the probate process. This tax is required to obtain a Certificate of Appointment of Estate Trustee (often referred to as a “grant of probate”), which legally authorizes the executor or administrator to manage and distribute the deceased’s assets. When estate planners peak about probate tax planning, we mean arranging your affairs to reduce the amount of this tax that will be payable.  How is the Tax Calculated? The amount o...

  Understanding Probate in Ontario Probate is a term you might come across when dealing with the estate of someone who has died. In Ontario, probate is an important legal process that can impact how an estate is managed and distributed. Here’s a brief explanation of what probate is and why it matters. What is Probate? Probate is the legal process wherein:  1) A deceased person’s Will is validated by the court. It involves confirming that the Will is genuine and that the person named as the executor (the individual responsible for managing the estate) has the legal authority to handle the estate’s affairs.  2) If there is no Will, the court appoints an administrator to manage the estate according to intestacy laws. Why is Probate Necessary? Legal Authority : Probate provides the executor or administrator with official recognition of their role. This legal authority is necessary to deal with banks, transfer property titles, and manage other aspects of the estate. Ensuring V...

You might think that making a will is only for people with large estates or valuable possessions. However, even if you don’t own a lot of assets, having a Will is still incredibly important. Here’s why you should consider making one, no matter the size of your estate. 1. Control Over Your Wishes: A Will lets you decide exactly how you want your belongings and any other assets distributed. Whether it’s sentimental items like family heirlooms, personal effects, or even specific instructions for your digital assets, a Will ensures that your wishes are followed. Without a Will, the law dictates how your things are divided, which might not align with your preferences. 2. Simplify the Process for Loved Ones: Even if your assets are modest, dealing with an estate without a Will can create extra stress and confusion for your loved ones. Having a Will makes the process smoother and more straightforward, helping to reduce the emotional and administrative burden on your family during a difficult ...

Did you know that in Ontario, a minor child (under 18) is not entitled to directly inherit funds? However, this doesn’t prevent them from being named as beneficiaries. Since minors cannot manage their own property until they reach 18, here’s how it’s typically handled: If there is a Will: The Will can establish a trust and appoint a trustee, who could be the estate trustee (executor) or another individual. This trustee will manage the inheritance according to the Will’s terms. This method provides the most control, allowing the testator to set conditions for when and how funds are distributed. If There Is a Will Without a Trust Provision or No Will: For Amounts Over $35,000: The child's inheritance is paid into court, managed by the Accountant of the Superior Court of Justice , until the child turns 18. Alternatively, the court may appoint a guardian of property to manage the funds. If you need to access funds for the child’s expenses, you can request money through the Office of th...

Welcome! This blog offers general information on Ontario estate planning and administration law but is not legal advice. Do consult a lawyer for advice on specific legal matters. I am a lawyer with over a decade of experience in the estate planning and administration industry. My legal practice centers on probate planning; drafting wills, trusts, and powers of attorney; and providing comprehensive probate and estate administration services.  I was called to the Ontario Bar in 2010, and hold a law degree from the University of Western Ontario and a Bachelor of Arts in English Literature from McGill University. I have led estate planning workshops, spoken at non-profits, and taught the estate law bar exam preparation course.  This blog is geared toward the layperson unfamiliar with estate law concepts. Wills and Estates 101. -Ish. I hope you find it informative and useful.