• determine the true value of the Estate - which excludes jointly held property, real property located outside of Canada, life insurance proceeds, RRIF's and RRSP's where a beneficiary was named. Should the bank, trust or insurance company refuse to pay out without probate, the case of Rozon v.Transamerica Life Insurance Co. of Canada lends the support of the Court of Appeal of Ontario to the fact that probate is not needed in these instances.
  
  
• shares of private corporations which require transfer do not need probate.
  
  
• property registered in the older registry system does not require probate, nor does the first transfer of property of land brought into the Land Titles system. Electronic Registration, where available, may also pass jointly held property without probate.
  
  
• motor vehicles can be transferred without probate.
  
  
• court ordered settlements concerning the transfer of assets do not require the payment of probate fees.Thompson v. Watson is the authority for this proposition.
  
  
• You may also wish to read my article, Why Probate a Will?

You may wish to refer to a recent article by AIM Funds Management Inc., "Probate planning to minimize estate costs".

You may also wish to refer to a recent article by AIM Funds Management Inc., "Estate planning using Alter Ego/Joint Partner Trusts".

Finally, you may also wish to refer to a recent article by AIM Funds Management Inc., "Death and Taxes".

November, 2001

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