When most people die, they have some personal effects or assets that will need to be dealt with. These can range from family heirlooms (including Granny's silverware), to home furnishings, bank account balances, complex investments, shares in companies, real estate, or even cherished pets.
Inevitably, someone will become responsible for managing or administering the estate as the executor or estate representative, and ensuring that the estate beneficiaries get their entitlements. Whether there was a will or no will (referred to as intestacy), this person may need to have his or her status as estate representative certified by the court. This process is commonly referred to as probate. This is almost always required when there is real estate to transfer or valuable bank accounts to liquidate. The certification of the appointment of estate trustee requires an application to the Superior Court of Justice in the location where the deceased resided or owned assets.
Where there is a will, some person (or persons), would normally be appointed as executor (or trustee of the estate). The executors' duties include gathering in all the money, property, possessions and other assets in the estate, paying off any debts and Estate Administration Tax, and distributing the estate to the beneficiaries. All of this can become overwhelming, especially when the executor is in the process of grieving.
If the estate has been probated in another province or jurisdiction, but there are estate assets in Ontario, that foreign grant or appointment may need to be certified by the Ontario courts in order for it to be effective in the province of Ontario. This process is often referred to as a resealing of appointment.
We can assist with probate at any step of the process, no matter how simple or complex the estate assets, and provide legal advice and guidance to executors and estate trustees.
In association with Rogerson Law Group
The loss of a loved one can be a traumatic event. The grieving process can be made even more difficult when there is a dispute over a Will or the actions of an executor.
Whether you feel you have been unfairly left out of a Will, you believe that you have not been adequately provided for, or if you are acting as an executor and somebody else is contesting the Will, an estate litigation lawyer can help.
Although no sane person litigates for fun, litigation is sometimes a necessary process that must be endured in order to get results. How can we make it less awful? We start by recognizing that the focus must always be on the resolution rather than the dispute. We keep our sights on the getting to the heart of the problem rather than on time sheets to get you results as efficiently and effectively as possible..