What Assets Require Probate in Ontario? Not all assets require probate in Ontario. However, many do, and misunderstanding the distinction can lead to delays, disputes, and complications in estate administration. The key issue is not simply what assets exist. It is how...
Can an Executor Pay Their Legal Fees from the Estate in Ontario? In many cases, yes. An executor can use estate funds to pay legal fees. But that entitlement is not automatic, and it is not unlimited. In Ontario, the key question is whether the legal fees were...
Executor Compensation in Ontario: How Much Can an Executor Be Paid? Executor compensation in Ontario is not fixed, but there are commonly accepted guidelines. In many cases, compensation is described as being “up to 5%” of the value of the estate. While this figure is...
Can Probate Be Avoided in Ontario? (And When It Backfires) In some cases, yes. Probate can be avoided in Ontario, but doing so is not always straightforward and does not always produce the intended result. Many individuals structure their affairs with the goal of...
What Happens If an Executor Refuses to Pass Their Accounts in Ontario? An executor cannot simply refuse to account. In Ontario, executors have a legal obligation to maintain proper records and to account to the beneficiaries when required. When that obligation is...
Yes. An executor can be personally liable in Ontario if they fail to properly carry out their duties in administering an estate. This is not a theoretical risk. Executors step into a fiduciary role that carries real legal obligations, and where those obligations are...
