Simplified Procedure for Small Estates…Continued

October 16, 2014 Hull & Hull LLP Uncategorized 0 Comments

On Monday, Ian Hull blogged about the application process for a Certificate of Appointment of Estate Trustee (formerly referred to as Probate) and when a probated Will is generally required.  Ian also discussed the fee incurred (also known as estate administration tax or death tax) and how it is calculated.  Lastly, Ian discussed the role that the Law Commission of Ontario is taking in reviewing this application process.

Currently, regardless of the size of an estate the application process is the same.  There is no differentiation between a large estate and a small estate.  Given that other provinces have already adopted a separate procedure for smaller estates, being Saskatchewan and Manitoba, the LCO is seeking feedback from the legal community as to whether Ontario should be adopting such a process.

As most of you reading this blog likely have some experience dealing with probate applications, whether it be positive or negative, it is important to voice your opinion in order to address areas for change, if needed.  As such, we encourage you to provide your feedback to the LCO so that it can be properly considered whether Ontario requires a change to its probate process.  There are at least three possible ways to contribute:

First, Ian’s blog included a hyperlink to the LCO consultation questionnaire.  The questionnaire is relatively straightforward and can easily be completed over a morning coffee.

Second, the LCO in conjunction with Hull & Hull LLP have arranged a focus group for November 4, 2014.  Call in access is available, and anyone interested in attending can contact Sue Gratton (Research Lawyer at the LCO) at (416) 650-8437 or myself at nweisberg@hullandhull.com.

Third, Sue Gratton can be contacted should you wish to participate further.  Perhaps you would like to arrange a focus group or assist in the distribution of the consultation questionnaire.

I encourage you all to participate!

Noah Weisberg

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