What Assets Require Probate in Ontario?

What Assets Require Probate in Ontario?

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?

Can an Executor Pay Their Legal Fees from the Estate in Ontario?

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...
Can an Executor Be Personally Liable in Ontario?

Can an Executor Be Personally Liable in Ontario?

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...
Can a Power of Attorney Take Money for Themselves in Ontario?

Can a Power of Attorney Take Money for Themselves in Ontario?

In most cases, no. A Power of Attorney for Property in Ontario cannot take money for themselves unless the document specifically allows it or the law permits it in very limited circumstances. This issue often arises when family members begin to question financial...
Can an Executor Be Removed in Ontario?

Can an Executor Be Removed in Ontario?

Yes. An executor can be removed in Ontario, but only where there is clear evidence that the executor is unable or unwilling to properly administer the estate. Disagreements between beneficiaries and executors are common, but not every disagreement justifies removal....