Varying A Will: A Potential Estate Administration Solution

In cases where an estate administration stalls, it can be challenging to get the ball rolling again. A new case, Hill v Hill, 2024 ONSC 3023, notes one "practical approach" to kickstart a stalled estate administration that merits further discussion – utilizing a deed of arrangement to vary the deceased's will.

In this case, the deceased passed away in 2009, and his common law spouse subsequently brought an application for dependant support against the estate. In order to pay her claim, an estate asset that was supposed to be gifted through a specific bequest had to be sold. Afterwards, little was done to administer the deceased's estate for years – the estate trustee eventually applied to the court to be released from the position. Recognizing that the estate could no longer be administered in accordance with the terms of the deceased's will, Justice Faieta agreed with counsel that a deed of arrangement to vary the deceased's will was a potential solution that