Tag: simplified procedures

23 Feb

Ontario Raises Small Estate Limit to $150,000.00 – Now What?

Kira Domratchev Estate & Trust, Executors and Trustees, News & Events Tags: , , , , , 0 Comments

As Ian Hull and Daniel Enright of our office blogged last week, as of April 1, 2021, small estates in Ontario will be defined as those worth $150,000.00, instead of the $50,000.00 figure we are all used to.

The Ontario Attorney General, Doug Downey, advised that the process of applying to manage an estate in Ontario was the same, whether it is worth $10,000.00 or $10 million, which often deters people from claiming smaller estates.

As a result of this change, more estates will be able to access a simplified probate process, though the amount of probate fees payable will not change.

Although these changes are welcome, some consider that there are still a number of other issues outstanding, such as:

  • Due to real estate values, estates in Toronto could be considered small, whereas that would not be the case in other parts of the province (e.g. a $500,000.00 estate in Toronto could be considered small); and
  • The probate process itself could be simplified, as many financial institutions take the position that assets cannot be managed until such time as probate is obtained (which in turn can often cost an estate, as asset values fluctuate).

A recent article discussing the above-noted points can be found here.

It will certainly be interesting to see if the new changes will make a difference, and whether more changes are coming, in light of the concerns expressed by various members of the legal profession.

Thanks for reading!

Kira Domratchev

Find this blog interesting? Please consider these other related posts:

Simplified Procedures for Small Estates Project

A Simplified Procedure on the way for Modest Estates?

Fare Thee Well, Fax Machine! An Overview of Changes to the Rules of Civil Procedure

01 Dec

Hull on Estates #443 – Simplified Procedures for Small Estates

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , 0 Comments

This week on Hull on Estates David Morgan Smith and Doreen So discuss the Law Commission of Ontario’s Final Report on Simplified Procedures for Small Estates, which is also available online at http://www.lco-cdo.org/en/small-estates-final-report.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog below.

Click here for more information on David Smith.

Click here for more information on Doreen So.

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