700 plain-language Q&As about wills & estates. Browse below, or search the whole library.
Yes, it matters a great deal. A properly executed domestic contract — a marriage contract, cohabitation agreement, or separation agreement that meets…
Read the full answer →Generally, yes, there can be a meaningful difference, though the exact figures involved aren't something to state generally here. Donating appreciated…
Read the full answer →The answer depends on how the donation is structured, and specific credit amounts aren't something to estimate here, but the general principle is that…
Read the full answer →A donor-advised fund is an account held at a public foundation or other sponsoring charitable organization, into which you, or your estate, contribute…
Read the full answer →Not in the same way it was during the testator's lifetime. Ordinarily, a lawyer's file and communications with a client are protected by…
Read the full answer →Not directly, because the Disability Tax Credit and ODSP eligibility are governed by different rules at different levels of government. The DTC is a…
Read the full answer →Filing a Notice of Objection stops the specific outcome it targets: the court registrar will not issue a Certificate of Appointment of Estate Trustee…
Read the full answer →Generally, yes — what matters to the court is that the accounting is accurate and properly supported, not whether the underlying records happen to be…
Read the full answer →Ontario has taken steps toward recognizing electronic wills. Temporary pandemic-era rules allowed for remote witnessing by video, and Ontario…
Read the full answer →Where an elderly person is in genuine physical danger, the most immediate response is generally to contact police, who can act directly to address an…
Read the full answer →Yes, courts have tools for genuine emergencies. Where there's real, urgent evidence that an estate trustee is actively dissipating or misusing estate…
Read the full answer →Yes. One of the most important roles an attorney for personal care can play is making end-of-life health care decisions on your behalf when you are no…
Read the full answer →No — these are two separate legal claims on two separate clocks, and starting one doesn't eat into the deadline for the other. A surviving spouse's…
Read the full answer →They're both six months long, but they don't start running from the same event, which is where people get tripped up. A surviving spouse's Family Law…
Read the full answer →Escheat is not necessarily the end of the story - an heir who is later found and can prove a valid entitlement may still be able to bring a claim…
Read the full answer →This isn't something that can be answered with a specific number of years, and readers should be cautious of any source that states one confidently.…
Read the full answer →The two terms describe closely related ideas, but Ontario law today uses "escheat" as the operative concept, governed by the Escheats Act, 2015, for…
Read the full answer →Yes - though both end up with the Ontario Crown, they arise from different situations and are handled somewhat differently in practice. An estate…
Read the full answer →For most estates in Ontario, you will need both a lawyer and an accountant, and their roles are distinct. A lawyer guides the estate through the legal…
Read the full answer →Yes. Beneficiaries in Ontario are generally entitled to receive a proper accounting of the estate — a detailed record of all assets collected, debts…
Read the full answer →Ontario's estate administration tax (commonly called probate fees) is calculated on the value of the estate that is subject to probate — generally,…
Read the full answer →When an estate beneficiary in Ontario lacks legal capacity — for example, due to a developmental disability, dementia, or a serious mental health…
Read the full answer →In Ontario, a minor child (under 18) cannot legally receive and manage an inheritance directly. If an estate leaves assets to a minor, the executor…
Read the full answer →Sometimes, though it depends on the bank and the size of the estate. Most financial institutions want to see the Certificate of Appointment of Estate…
Read the full answer →A final distribution letter, sometimes called a release or receipt and release, is a document an estate trustee asks beneficiaries to sign confirming…
Read the full answer →A deemed disposition is a rule under Canadian federal tax law (administered by CRA) that treats a taxpayer as having sold all their capital property at…
Read the full answer →Yes. Under Canadian federal tax rules, donations made by an estate to a registered charity are eligible for a charitable tax credit that can be applied…
Read the full answer →An executor in Ontario has several tax filing obligations on behalf of the deceased and their estate. First, the executor must file the deceased's…
Read the full answer →An estate freeze is a technique used by business owners and investors to lock in the value of their assets at today's level for the purpose of…
Read the full answer →In a typical estate freeze for a private corporation, the business owner exchanges their common shares for fixed-value preferred shares (locking in…
Read the full answer →An estate freeze is a strategy used in Ontario estate and tax planning, typically for business owners or people with significant appreciated assets, to…
Read the full answer →There is no single right time for an estate freeze — the decision depends on your business's current value, your succession plans, your tax position,…
Read the full answer →Ontario executors are wise to hold back funds for several overlapping periods before making a final distribution. The main considerations are: the…
Read the full answer →If a creditor surfaces after an estate has been distributed in Ontario, the executor can face personal liability if they distributed the estate without…
Read the full answer →Costs in Ontario estate disputes follow the general principles of Ontario's Rules of Civil Procedure, but estate matters have their own traditions. The…
Read the full answer →Generally, the estate pays for legal work that was reasonably needed to properly administer the estate as a whole — advice on the will, handling the…
Read the full answer →The residue of an estate is what remains after all debts, taxes, funeral expenses, estate administration costs, and specific gifts named in the will…
Read the full answer →Generally, yes. When a person dies owning a cottage in Ontario, the deemed disposition rules treat the deceased as having sold the cottage at fair…
Read the full answer →Rental and investment property is subject to a deemed disposition on death at fair market value. Any accrued capital gain (the difference between the…
Read the full answer →In Ontario, an executor (called an estate trustee) is entitled to reasonable compensation for their work unless the will sets a specific amount or the…
Read the full answer →An executor in Ontario owes a strict fiduciary duty to the estate and all beneficiaries, which means they must act in the estate's best interests — not…
Read the full answer →Sometimes, yes, though it isn't guaranteed. An estate trustee who reasonably and properly defends a will against a challenge, acting in the interests…
Read the full answer →An estate trustee can technically distribute assets, but doing so while a dependant support claim is pending, or reasonably foreseeable, carries real…
Read the full answer →An "estate trustee during litigation" is a temporary, court-appointed role used when there's an active dispute over who should actually be the…
Read the full answer →An executor (estate trustee) in Ontario has broad legal duties as a fiduciary — meaning they must act in the best interests of the estate and…
Read the full answer →Indemnity insurance and a court-ordered bond aren't quite the same thing, and one doesn't automatically substitute for the other. A bond is…
Read the full answer →Generally, yes — the cost of appropriate liability or indemnity insurance for an estate trustee can be treated as a proper expense of administering the…
Read the full answer →It depends on what's actually being disputed. Where the challenge is essentially a dispute between beneficiaries over interpretation or distribution,…
Read the full answer →Once a will is being challenged, an estate trustee (or proposed estate trustee) generally has an ongoing obligation to keep interested parties —…
Read the full answer →Yes. Beneficiaries are generally entitled to see the records backing up an estate trustee's accounts, not just a summary of totals — receipts and…
Read the full answer →A court has real teeth here. If an estate trustee simply won't provide any accounting, a beneficiary can apply to compel a formal passing of accounts,…
Read the full answer →Courts don't remove an estate trustee simply because a beneficiary is unhappy with them — removal is reserved for situations where the trustee's…
Read the full answer →The estate doesn't go unmanaged just because a trustee has been removed. When a court removes an estate trustee, it typically addresses, at the same…
Read the full answer →When someone dies in Ontario without a will, no executor has been named, so someone must be appointed by the court to administer the estate. This…
Read the full answer →An estate trustee (executor) in Ontario holds a position of trust and is held to fiduciary standards. Their core duties include: gathering and…
Read the full answer →An Ontario court generally expects solid, specific evidence before granting a guardianship of property application, centred on demonstrating that the…
Read the full answer →There's no single fixed checklist, but a court generally wants to see real, documented evidence of the pattern and consistency of support the deceased…
Read the full answer →Yes. Once a will challenge becomes a genuine contested court proceeding, rather than a routine, uncontested probate application, the general civil…
Read the full answer →There is no Ontario statute written specifically for cryptocurrency, so an executor's authority here comes from the same general principles that apply…
Read the full answer →Usually yes, but it depends on what the will actually says and what kind of business interest is involved. Most wills give the estate trustee broad…
Read the full answer →There's no fixed public formula for calculating an estate trustee's bond — the amount is set by the court based on the specific estate, and it's…
Read the full answer →Yes, a bond amount isn't necessarily fixed forever at whatever figure applied when the trustee was first appointed. Because a bond is meant to reflect…
Read the full answer →When an executor fails to perform their duties properly, beneficiaries have several remedies available under Ontario law. The most common court remedy…
Read the full answer →The general rule under Ontario's Trustee Act is that an executor cannot delegate their core decision-making duties to another person. The testator…
Read the full answer →When a will includes a gift to a registered charity, the executor is responsible for ensuring that gift is made accurately and that the estate receives…
Read the full answer →If an executor is also owed money by the estate — for example, the deceased owed the executor a personal loan — this creates a direct conflict of…
Read the full answer →An executor is not strictly required by law to obtain a CRA Clearance Certificate before distributing an estate, but doing so is the standard and…
Read the full answer →Yes, executors in Ontario are entitled to be compensated for their work. The will may specify a compensation amount or percentage. If the will is…
Read the full answer →Yes. In Ontario, an executor is entitled to fair and reasonable compensation for their work, even if the will is silent on the point. This is set out…
Read the full answer →A conflict of interest arises when an executor's personal interests diverge from their duty to act in the best interests of all beneficiaries. Common…
Read the full answer →Before distributing anything to beneficiaries, an Ontario executor must pay the deceased's valid debts. These typically include funeral and burial…
Read the full answer →Digital assets are an increasingly important and easily overlooked part of modern estates. They can include online bank and brokerage accounts,…
Read the full answer →An estate is insolvent when its debts exceed its assets. When this happens, beneficiaries receive nothing, and the executor's job is to wind down the…
Read the full answer →If the deceased named a beneficiary directly on their RRSP or RRIF (as most people do), that registered account passes outside the estate. The…
Read the full answer →Filing income tax returns is one of an executor's key duties. At minimum, the executor must file the deceased's final T1 income tax return covering the…
Read the full answer →An executor has a duty of impartiality: they must not favour one beneficiary over another, except where the will itself creates different classes of…
Read the full answer →An executor's job is to administer the estate according to the will, not to take sides in disputes between beneficiaries. When beneficiaries are…
Read the full answer →Ontario's Trustee Act sets out the standard of care that applies to estate trustees (executors). An executor must exercise the care, skill, diligence,…
Read the full answer →From the moment an executor accepts their role, they have a duty to take reasonable steps to identify and protect the estate's assets. This begins even…
Read the full answer →Yes. An executor in Ontario has a duty to keep accurate records of every financial transaction they carry out on behalf of the estate. This includes…
Read the full answer →Whether an executor named in a will can receive both a specific gift and separate executor compensation depends on the wording of the will. In some…
Read the full answer →Ontario law does not set fixed intervals at which an executor must provide accounting statements to beneficiaries. However, the executor's fiduciary…
Read the full answer →When an estate includes both minor and adult beneficiaries, the executor must administer the estate for the collective benefit of all, distributing…
Read the full answer →Once all estate assets have been collected, debts paid, taxes filed and cleared, and distributions made, an executor can formally conclude the…
Read the full answer →When an Ontario estate includes assets in other provinces or countries, the administration becomes more complex. An Ontario Certificate of Appointment…
Read the full answer →When a beneficiary dies before the testator, the gift to that person generally "lapses" — it fails and falls back into the residue of the estate. The…
Read the full answer →If an executor becomes mentally incapable of managing property — as determined under the Substitute Decisions Act — they can no longer act as executor.…
Read the full answer →Yes, but with strict constraints. Ontario's Trustee Act imposes a "prudent investor" standard on executors and trustees. An executor must invest estate…
Read the full answer →In Ontario, an executor who holds estate assets for a period of time before distribution must manage investments in accordance with the Trustee Act's…
Read the full answer →An estate trustee who happens to also be a lawyer can potentially be paid for genuine legal work they personally performed for the estate, separate…
Read the full answer →Yes, this is a real risk - an estate trustee who distributes property to or on behalf of a non-resident beneficiary without properly addressing the…
Read the full answer →An executor is not automatically responsible for the deceased's taxes just because they took on the role. The taxes are obligations of the estate, not…
Read the full answer →Locating all estate assets is one of the executor's first duties and requires some detective work. The starting points are the deceased's personal…
Read the full answer →An executor cannot simply skip over a missing beneficiary and distribute their share to others. Until the beneficiary is found or legally dealt with,…
Read the full answer →Yes — opening a dedicated estate bank account is strongly recommended and is standard practice in Ontario. An executor should not mix estate funds with…
Read the full answer →If beneficiaries believe an executor is mishandling an estate in Ontario, they have several legal options. The first step is usually to request a…
Read the full answer →Yes. An executor in Ontario acts as a fiduciary and can be held personally liable for losses caused by their breach of duty. If the executor makes a…
Read the full answer →Generally, an executor is not personally responsible for the debts of the deceased simply because they agreed to administer the estate. The estate's…
Read the full answer →An executor generally does not have the implied authority to borrow money on behalf of an estate in Ontario unless the will expressly grants this power…
Read the full answer →An executor does not automatically have the power to carry on the deceased's business beyond what is reasonably necessary to wind it down or sell it.…
Read the full answer →Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
Send it to a Treadstone lawyer — free, answered in plain language.