News & Resources

Apr 17
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During the administration of estates, there are typically many concerns over the cost of probate.  “Probate” is an outdated term referring to Estates Administration Tax payable to the Minister of Finance.  This amount of tax depends on the value of the estate.    The Estates Administration Tax calculator provided by the Ministry of the Attorney General can help you to get a rough idea of how much Estates Administration Tax that the estate will have to pay. You can also read more about Estates Administration Tax by clicking the link provided to the Ministry of Finance webpage.    Though the Estates Administration Tax calculator can give you an estimate of the amount of tax an estate will be responsible for, it should not be relied upon to be completely accurate.  It is advisable to consult a legal professional to be sure that all estate assets are being properly accounted for.

https://www.attorneygeneral.jus.gov.on.ca/english/estates/calculate.php
Apr 03
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There are many different tasks for which an estate trustee is responsible.   Ontario Estate Law, a law firm in Ottawa and Toronto, have posted this article that lists a number of duties for which an estate trustee is responsible.  This article is also helpful because it indicates whether each task should be completed immediately, in the interim or as a final matter.  This list is a great resource for any estate trustee to keep on hand for reference.    Again, remember that lawyers are available to help estate trustees determine their responsibilities.  A number of these tasks can also be delegated to a lawyer to look after, for instance applying to the court for a certificate of appointment of estate trustee. 

https://ontario-probate.ca/executor-role/executor-duties/
Mar 13
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Acting as an estate trustee is a big responsibility that can often be complicated and overwhelming.    If you’re looking for information on how to get started or have general questions along the way, the Ministry of the Attorney General has provided this information webpage with “Frequently Asked Questions About Estates”.  Not only does this webpage answer common questions on issues such as how to find a deceased person’s Will, or how you can apply for death benefits, it also answers questions about more complicated matters such as how to apply for an certificate of appointment of estate trustee.  This is a great resource for both potential estate trustees that are looking for more information before beginning the process, or for those who are in the midst of administering an estate and would benefit from more information.   Remember that, similar to real estate closings, lawyers are very familiar with the estates administration process and they can be a great asset when you have questions and/or concerns whether you are an estate trustee, a spouse or dependent, or a potential beneficiary. 

https://www.attorneygeneral.jus.gov.on.ca/english/estates/estates-FAQ.php
Mar 06
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Losing a loved one can be an emotional and stressful time.  The Government of Ontario has posted the webpage “What to do when someone dies” to help you cope with the loss with as little stress over the practical matters as possible.  The webpage provides helpful information on many issues such as: funeral arrangements, death registration, Wills and estate administration.    While a funeral director can typically help you with issues such as funeral arrangements and death registration, a lawyer is there to help with the administration of the estate.  Estates administration can be a complicated process and guidance from a lawyer can be extremely beneficial.

https://www.ontario.ca/page/what-do-when-someone-dies
Feb 27
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The Ontario Securities Commission has provided a helpful webpage on how to choose the right mortgage for you.  This webpage gives helpful explanations on all the different aspects of a mortgage.  This includes: the amortization period, the mortgage term, the type of mortgage, prepayment options, etc.    Overall, it is important to be informed about these issues before meeting with a lender so that you can ensure you are getting the mortgage that is right for you and your unique situation.

https://www.getsmarteraboutmoney.ca/invest/investment-products/real-estate/choosing-a-mortgage/
Feb 23
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An essential part of buying a home is finding the right financing for the purchase.  Securing a mortgage through a financial institution is a common method of financing.     The Canada Mortgage and Housing Corporation webpage is a great resource to get you started thinking about the proper form of financing for your situation as well as considerations to make when securing a mortgage.  Specifically, the Homebuying Guide contains a lot of great information and could be really helpful to you.  This guide discusses issues such as whether homebuying is right for you, whether you are financially ready to buy a home, financing your home, purchasing your home, etc. There is also a handy flowchart in this guide regarding what happens with your lawyer on closing day!

https://www.cmhc-schl.gc.ca/en/
Feb 02
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To further the discussion on mental capacity, this webpage by the Ministry of the Attorney General provides important information on steps that should be taken if you are concerned for someone else’s well-being or if you believe someone needs to have their mental capacity assessed.  It also provides information on steps to take if you wish to contest the results of a capacity assessment. 

https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/incapacity/capacity_assessment.php
Jan 30
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In order to make a Will or to appoint a power of attorney, you have to have mental capacity.  You might find yourself asking what is mental incapacity, how can I plan for it, what do I do if someone I know is or I believe he or she might be incapable, etc.?   This page posted by the Ministry of the Attorney General answers these questions and more.  It also provides a definition of mental incapacity and directs you to other helpful resources on this issue.    Mental capacity is a widespread issue when it comes to estate planning, especially for the elderly.  If you have concerns about your own or someone else’s mental capacity, contacting a legal professional or the Office of the Public Guardian and Trustee would be a good first step.

https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/incapacity/index.php