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PLZ Law Blog
Category Archives: Certificate of Appointment & Probate
ESTATE LITIGATION: Challenging a will with the court’s assistance
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Orders for Assistance Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court. For instance, an order for assistance is obtained on a motion made without notice, supported by affidavit evidence, Rules, r. 74.15(2). With certain exceptions, an order ...
ESTATE LITIGATION: Challenging a will and strategies for all those concerned
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Submission of Rights to the Court After submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either: Request on a motion for directions respecting the conduct of the Application for a Certificate of Appointment; or File a statement of submission of rights to the court in ...
ESTATE LITIGATION: Challenging the validity of a Will after probate
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Order for Return of Certificate (Probate already obtained) When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will are not commenced by filing a notice of objection. In that event, the party wishing to challenge the validity of a will has to obtain an order directing ...
ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights
Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Court Orders The court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order: Money to be paid; Security to be given; Payment to be deferred for, or made in instalments over a period of up to 10 years; Transfer of property in specie; or Partition and sale ...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Date: October 6, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Restrictions on Distribution of Estate After the death of a spouse, no distributions can be made out of the estate during the six month period immediately following the deceased spouse’s death without: 1) Written consent of the surviving spouse; or 2) Authorization of the court, the Family Law Act (“FLA“), section 6(1). If the personal ...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits under pension and similar plans arising on the death of the deceased spouse. With this in view, the surviving spouse, who makes his or her decision on the basis ...
ESTATES & NFP: How your estate will be impacted by your spouse’s statutory rights
Date: September 22, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The Impact of the Family Law Act on Estate Administration The administration of estates became very complicated with the enactment of Ontario’s Family Law Act (“FLA”) in 1986. Before that, the lawyer was to advise an estate trustee that the only statutory claim to interfere with the testate or intestate distribution of the deceased’s assets ...
Keeping your Trusts Clean
Date: August 9, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Cleansing Tainted Trusts A qualifying spousal trust could inadvertently lose its special status by inadvertently putting capital in the hands of persons other than the spouse. In such situations, the Income Tax Act of Canada provides relief in two ways. First, if the only third party receiving money is receiving that money for the purpose of the ...
