Tag: resealing guardianship orders from foreign jurisdictions

27 Jun

Resealing under the SDA

Hull & Hull LLP Estate & Trust Tags: , 0 Comments

Estates and Trusts practitioners tend to think of "resealing"  in the context of probate.  A common example is where a Will is probated in, for instance, the United Kingdom and is then "resealed" by the Ontario Superior Court.  Put another way, the law of one jurisdiction governs the initial grant of probate while the second jurisdiction recognizes or "reseals" the probate under its laws.

Under the Substitute Decisions Act ("SDA"), there is a process of resealing foreign orders that appoint substitute decision makers.  Where, for instance, a Committeeship Order is made under the laws of British Columbia, and if the parties move to Ontario, the Ontario Superior Court can reseal the Order.  The effect of resealing is to recognize the original order in Ontario as a Guardianship Order and all provisions of the SDA apply assuming the guardian and the incapable person reside in Ontario.

Extra-provincial orders are considered "foreign" orders as defined in the SDA.  One of the characteristics of resealing is that the provisions of the SDA may, going forward, afford rights and entitlements that are not otherwise available under the originating legislation.

 

David M. Smith

 

 

 

25 Jun

Hull on Estates #336 – Resealing of Guardianship Orders from Foreign Jurisdictions

Hull & Hull LLP Hull on Estates, Podcasts, Show Notes, Show Notes Tags: , , , , , , 0 Comments

 Listen to: Hull on Estates Episode #336 – Resealing of Guardianship Orders from Foreign Jurisdictions

Today on Hull on Estates, Nadia Harasymowycz and David Smith discuss the Resealing of Guardianship Orders from Foreign Jurisdictions.

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.

Click here for more information on Nadia Harasymowycz.

Click here for more information on David Smith.

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