Casey & Moss LLP

Frequently asked questions

I've been named executor in a will and I don't know where to start. Can Casey & Moss help?

Yes. Casey & Moss practices exclusively in estate matters and regularly guides executors through obtaining a Certificate of Appointment of Estate Trustee, including gathering the required documents and filing the Estate Information Return, which is due within 180 days of the certificate being issued. For smaller estates, a Small Estate Certificate process may apply instead.

I held a joint bank account with a family member who passed away, and the bank wants a probate certificate before releasing the funds. Why?

Joint accounts held with rights of survivorship generally pass to the surviving holder without probate, but joint accounts between a parent and adult child can fall under the presumption of resulting trust, which may require a probate certificate before a bank will release the funds. This is the kind of dispute Casey & Moss's estate litigation practice handles.

It's been almost two years since the estate trustee obtained probate and I still haven't received an accounting or any distribution. What can I do?

While most estates distribute within about a year, some take longer for legitimate reasons. If a trustee isn't providing accounting information, a beneficiary can ask the court to compel a passing of accounts, and in more serious cases to remove the trustee. Casey & Moss represents beneficiaries and estate trustees in these disputes.

Does Casey & Moss handle disputes over a power of attorney or guardianship?

Yes. The firm acts for and against attorneys for property and personal care, and for guardians, in disputes over how those powers are being used, including applications for guardianship.

What kind of law does Casey & Moss LLP practice, and who does the firm represent?

The firm practices exclusively in estate, trust, and capacity litigation and estate administration. It represents trust companies, estate trustees, beneficiaries, guardians, and attorneys for property and personal care in disputes across Ontario.

How long has Casey & Moss LLP been practicing in Toronto?

Angela Casey and Angelique Moss founded the firm in 2016. It has since grown to a team of five partners working from an office in downtown Toronto.