Real Time Web Analytics

Thursday, October 29, 2020

Ontario courts accept probate applications via email

As of October 6, the courts in Ontario will accept applications for probate (in Ontario called Application for Certificate of Appointment of Estate Trustee) by way of email. The courts prepared detailed instructions for use by lawyers and the public, which you can view online by clicking here. 

These instructions include details such as which email address to use, which office to contact, and even the required format for attachments.

My first thought regarding emailed applications was to wonder how the court would receive the original wills. That, too, is covered in the instructions. Though you will send in your entire application, including a copy of the will, by email, you must then mail or courier the original will to the court. This goes for other original documents as well, such as codicils or certificates.


6 comments:

  1. Lynne,

    What happens if only part of a Will has been Probated? A Beneficiary is withholding GIC's that are part of the Estate. I am being prevented in resolving and settling this issue not only by a disgruntled beneficiary, but also by lawyers.

    Webeye

    ReplyDelete
    Replies
    1. Hi Webeye,
      Normally I would tell a person that a beneficiary can be compelled by a court to turn over estate assets to the executor. In your case though, from what I've gleaned reading your comments, you're already up to the eyeballs in court matters regarding the estate.

      If the asset never gets turned over to the estate, then the GICs (and the value of any accrued income) will have to be set off against that beneficiary's share of the estate.

      Lynne

      Delete
    2. Thanks Lynne,
      Like the 'TV ad' But wait, there is more.[img]https://media.tenor.com/images/121b3c140ba02d5fa27036b0f6f4275c/tenor.gif[/img]
      Webeye

      Delete
  2. I did own my own house. My mom wanted us to sell our home & come live with her. She was getting older & she wanted someone always in the house with her. I did sell my home & lived with my mom. Her house was in rough shape but my mom made agreement with my husband that if he did sell his home & an & lived with her she would give us the home.
    While my mom was alive & with a lawyer she had to make a new will because I had sold my home & to make me a joint tenant of her property.
    I didn't think I was going to be loosing my mom within 2 years living with her. I was her caregiver. My sister nor brother helped with this. I had to make all the hard calls on her care. I am the one that had to put her into a hospital so that she could die peacefully.
    The only thing my sister help with is funeral arrangement before it happen. when happen I realized that my mom had no money for her funeral. I had pay for the funeral with agreement with my sister that when life insurance money came in she would give it to me. Well that didn't happen. She is suing me ( contesting the will). she refuses to comply with my mom's wishes in her will.
    I never got the chance to register the will with the estate registrar. What a big mess.
    what do I do now with regards with the will not being registered & I am going on my second year with this lawsuit. I am fighting because I had loss my own home & I didn't do all of this for not to have a place to live.
    Lynn, am I in big trouble & am I going to loss everything & be homeless. Can you give me some insight with your thoughts?

    Thank-You,
    catharine
    PS... I have mourned for my mom yet. This all happened after 15 days of put my mom to rest.

    ReplyDelete
  3. I am being sued by my sister. She is contesting the will. The will hasn't been put through to the Estate Registrar. Both of us are Executor's of my mom's will.
    When I was asked to sell my home & come live her mom, I did. In return the agreement was that i would be a joint tenant on the home with my mom.
    Mom needed to make a new will & my sister was every aware of this, she had a copy of the will & nothing was said.
    Now that Donna realizes that the home was going straight to me well she lost her mind & within a month she had sued me.
    Now Donna is stating that I made her give me the house. When my mom was dying I gave bad care but at the time my care was great because I took the pressure of her & the stress.
    I also buried my mom. She had not saved money for her funeral. I stepped up to the plate and paid for it on the agreement with my sister that the life insurance money I would receive. That didn't happen.
    My sister wants her share of the family home but there is no family home to split. Donna hasn't responded since March 2020. Over 1 year. Lynn what do you think is happening with this lawsuit?

    Thank-you for letting me get that out.

    Catharine

    ReplyDelete
    Replies
    1. Hi Catharine,
      Couple of things. One, if your sister is contesting the will, she needs to renounce as executor. She can't defend and attack the same will. Or did you mean you are both beneficiaries?

      Two, if she hasn't responded in over a year, you can ask the court to drop her case for want of prosecution. In other words, she hasn't done anything so ask the court to let it go.

      Okay so on to the question you asked. Legally your position is this: the house that is jointly owned by you and your mom is presumed by law to belong to the estate and not to you. In order for you to get the house as a joint owner, you must have evidence that your mother intended for you to own the house after her death. If you can't show that, you don't get the house.

      You mentioned that there were agreements between you and your mom and your husband about the house. I don't suppose any of it was put in writing anywhere? The testimony of you and your husband is evidence, but it's a lot stronger if you have documentation to back it up.

      Lynne

      Delete

You might also like

Related Posts with Thumbnails