The estate administration process is complex and becomes even more complex when a $1 million death benefit comes into play.
These changes arguably create more conveniences as the estate administration process becomes simpler, and new clarifications defog questions relating to limitation periods.
Until the ONCA decides on Mak or another case related to the presumption of resulting trusts related to RRIFs, Ontario estate administrators and practitioners do not have a straightforward answer to whether resulting trusts apply in this instance.
This precedent is important for estate lawyers dealing with high-profile individuals when they pass away.
Earl v. McAllister provides additional clarity to determining whether a dependent is entitled to estate proceeds and, this case reinforces an application judge's inability to consider social benefits when choosing a claim to estate proceeds.
This case shows that where the estate has support claims to payout, and the trustee previously showed no interest in providing support to the payees in other situations, it may give reasons to deny an estate trustee's certification.
Many of Bill 245 amendments and sections hope to improve access to justice by simplifying the estate planning and administration process.