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  • Estates Gone Wrong
  • Featured Topics
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  • Related Resources
  • Legacy Lexicon
In many cases, an executor’s first instinct is not to call a lawyer. It is to ask Google. The problem? Google can provide thousands of answers, many of which are incomplete, inaccurate, or based on another jurisdiction. Executors need practical guidance tailored to the particular estate they are administering. 21 Aug
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Cautionary Guidance for Executors: Google at Your Own Risk!

Many people hear “executor” and think it means reading the will and writing a few checks. In reality, executors can face personal liability. Find out exactly what you're agreeing to, before you agree... 19 Aug
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Agreeing To Serve As Executor: Not As Simple As It Sounds

A recent decision from the BC Court of Appeal serves as an important reminder that before starting litigation, executors must consider not only whether the claim can be brought, but whether bringing it is truly in the best interests of the estate. 14 Aug
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Estate Litigation Can Have Costly Consequences for Executors

An executor must administer the estate with diligence, respond to reasonable inquiries from beneficiaries, and take the Court process seriously. Where those duties are not met, the Court has shown that it is prepared to order costs personally... 24 Jul
  • by Estates Gone Wrong
  • Beneficiary Rights, Curated Content

What Happens When An Executor ‘Ghosts’ The Estate?

A dramatic family feud over the inheritance of a prized Oregon winery has concluded with a landmark penalty for the misuse of artificial intelligence in court proceedings, exposing deep rifts between siblings and raising serious questions about legal ethics in the digital age. 20 Apr
  • by Estates Gone Wrong
  • Curated Content, Digital Distress

Landmark Penalty for Misuse of Artificial Intelligence in Court

A recent decision of the Ontario Superior Court of Justice provides a stark reminder that unsuccessful litigants—particularly those who advance self-interested claims—may be ordered to pay millions of dollars in costs personally. 27 Feb
  • by Estates Gone Wrong
  • Curated Content, Family Disputes

Ontario Beneficiary Held Personally Liable for Legal Costs

This guide explains how Canada taxes estates at death, what executors and beneficiaries need to know, and why professional advice is critical. 17 Feb
  • by Estates Gone Wrong
  • Curated Content, Tax-Smart Strategies

Estate and Inheritance Taxes in Canada: Complete Guide

The penalty for stealing from an estate in Canada can include criminal charges for theft, fraud, or breach of trust, with consequences such as fines, restitution, and imprisonment under the Criminal Code.  22 Dec
  • by Estates Gone Wrong
  • Curated Content, Related Resources

The Penalty for Stealing from an Estate in Canada

Transferring property to heirs "inter vivos" offers emotional benefits and potential probate fee reduction, but can trigger an immediate capital gains tax liability and means a loss of control and potential exposure to your heir's creditors.  02 Dec
  • by Estates Gone Wrong
  • Generated Content, Property Pitfalls

Gifting Property to Your Heirs “Inter Vivos”: Pros and Cons

Being an executor doesn’t end when you hand out the last inheritance check. Your legal liability stretches far beyond the day you think you’re done, and the mistakes that trigger lawsuits aren’t always obvious when you’re making them. 28 Nov
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Executor Personal Liability: Mistakes That Trigger Lawsuits

Trust distributions fall into two categories, and the difference is significant. Mandatory distributions versus discretionary distributions: the difference the trust document makes... 10 Nov
  • by Estates Gone Wrong
  • Curated Content, Legacy Lexicon

Trust Distributions: Mandatory vs Discretionary

When someone dies owing more money than their estate contains, the situation becomes an insolvent estate. Understanding the laws governing insolvent estates is crucial for anyone appointed as an estate trustee. 23 Oct
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Complete Guide to Understanding Insolvent Estates in Ontario

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Recent:

A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This recent Ontario court case is a useful reminder of the difficulties that can arise...

What Happens When a Will is Missing an Important Clause?

In many cases, an executor’s first instinct is not to call a lawyer. It is to ask Google. The problem? Google can provide thousands of answers, many of which are incomplete, inaccurate, or based on another jurisdiction. Executors need practical guidance tailored to the particular estate they are administering.

Cautionary Guidance for Executors: Google at Your Own Risk!

Many people hear “executor” and think it means reading the will and writing a few checks. In reality, executors can face personal liability. Find out exactly what you're agreeing to, before you agree...

Agreeing To Serve As Executor: Not As Simple As It Sounds

Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. Ironically, the very simplicity that makes holograph codicils attractive can also make them extraordinarily vulnerable...

Ontario Case Study: The Hidden Risks of a DIY Codicil

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