Is probate always necessary to deal with estate
properties?
The court has addressed this question in the case of Kulyk v. Kulyk, 2024 ONSC 4213,
involving the estate of Nicholas Kulyk, who passed away in 2013.
The case revolved around the management and sale of two
properties—17 High Park Crescent and 53 Florence
Avenue—both in Toronto.
Facts
Nicholas Kulyk's 2011 will appointed his son, Roman Kulyk,
as the Executor and Trustee of his estate (the Applicant).
The will specified that the estate's residue should be divided
equally, with one share going to Roman and the other held in trust
for Nicholas's other son, Andrew Kulyk, and his grandchildren,
Jonathan and Elyse Kulyk (the Respondents). Roman allowed
the Respondents to reside in the High Park Crescent property until
Jonathan and Elyse reached adulthood and permitted Andrew to use
the garage at the Florence Avenue property.
