Simple Probate Application Service and Fee

ARE YOU AN ESTATE TRUSTEE THAT NEEDS PROBATE?

Gilmore and Gilmore offers a straight forward, and cost effective Probate Application service for Estate Trustees / Executors who are otherwise willing and able to administer the Estate they are charged with overseeing. Continue reading

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Regulations for Residential Fuel Oil Tanks

HOME OIL TANK REGULATIONS YOU NEED TO KNOW

New requirements for the installation and inspection of fuel oil tanks (above and below ground) were introduced by the Technical Standards and Safety Authority (TSSA) in October 2001 to reduce the number of fuel oil leaks and spills that occur throughout the province each year. In November 2002 the TSSA advised all owners of fuel oil heating systems of the requirements to have their heating systems inspected by qualified oil burner technicians, and the need to register their underground (buried) fuel oil storage tanks with TSSA. Continue reading

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Collection of Probate Tax … Executors Beware!

IMPORTANT STEPS AND THE COLLECTION OF PROBATE TAX

On January 1 2013 the amendments to the Ontario Estate Administration Tax (EAT and commonly known as Probate Tax) announced in the 2011 Ontario Budget became effective. There have been several audits since.

Key elements of these amendments that Estate Administrators / Executors need to be aware of are: Continue reading

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Estate Litigation and Limitation Periods

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ESTATE LITIGATION AND LIMITATION PERIODS

In Ontario, there is a general two-year limitation period in which a person can bring a claim in court on a civil matter. Whether or not this limitation period applies to estate matters can be dependent upon the situation at hand.

The two year limitation period is subject to a concept called ‘discoverability’. This means that the two year limitation period does not start to run until the time that a person knows, or reasonably could have known, that the cause of action occurred. Continue reading

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Independent Legal Advice in Real Estate Transactions

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WHAT IS ILA AND ITS ROLE IN REAL ESTATE DEALS?

There are situations where one or more people involved in a real estate transaction will be required to obtain independent legal advice prior to the deal closing. Continue reading

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Estate Assets …

ESTATE ASSETS – WHAT YOU NEED TO KNOW AND WHEN

When beneficiaries of an estate come to see me, they often are not aware of the extent of the estate assets.

A Will does not usually have the details of the assets in it. There is a good reason for that. If you list the assets in the will, the will has to be changed when assets are acquired or disposed of. Continue reading

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Basecamp for Law Firm Project Collaboration

BASECAMP PROJECT MANAGEMENT BRILLIANCE

Basecamp is a web-based project management tool that was created in 2004 by 37 Signals.

Utilizing Basecamp in a legal setting offers many unique opportunities. The one that really excites us at Gilmore and Gilmore is the ability to create projects for each of our clients then invite them to participate. Now rather than having to go back and forth exchanging communications filling our inbox with updated versions of assorted documents, we are able to consolidate the work in one place. Continue reading

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Accessing Bank Accounts of the Deceased

BANK OF CANADA – DORMANT ACCOUNTS

If a bank account is not used for a prescribed period of time, the dormant account is transferred to the Bank of Canada. If you want to determine whether or not there are dormant accounts in the name of the Deceased, you will need to contact the Bank of Canada so that they can inform you of the legal documentation they require to process your claim. Continue reading

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Formal Execution of a Will

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FORMAL EXECUTION OF A WILL

There are specific requirements in Ontario, set out in legislation called the Succession Law Reform Act (SLRA), that govern how a Will is to be executed in order to make it valid. These requirements are quite rigid and a document that does not comply with them may very well be found to be invalid. Continue reading

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Ontario Disability Support Program and Inheritance

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ODSP AND INHERITANCE

How will an inheritance impact your income support from ODSP?

Any money, property or possessions that you receive can affect your eligibility for, or the amount of money you receive from, Ontario Disability Support Program. This includes anything you may inherit from someone who has passed on. Some inheritances will be exempt and will not have an effect on your ODSP eligibility or amount. Continue reading

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Estate Planning and Separation

SEPARATION AND THE IMPACT ON ESTATE PLANNING

It is important to review your estate planning upon separation from your spouse. Separation by itself will not have an effect on your Will or the distribution of your estate. Some of the things to consider and discuss with your lawyer are:

  1. You should consider revoking your Will and Powers of Attorney and making new ones right away, and possibly another Will when matters with your spouse are resolved;
  2. If you do not have a Will, you should consider preparing one;
  3. If you own property with your spouse as joint tenants, including your matrimonial home, you should consider the advisability of severing the joint tenancy;
  4. You should consider changing your beneficiary designations for life insurance policies, RRSPs, etc. Continue reading
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