In this area we
- prepare, serve and file the paperwork needed for the Probate Application (formally known as An Application for a Certificate of Appointment of Estate Trustee – with or without a Will);
- provide legal advice to Estate Trustees (formerly called “Executors”) as they do their work to handle someone’s estate – usually the estate of a loved one or a friend;
- assist the Estate Trustee in completing all of the tasks that are necessary to deal with the estate;
- are involved with the interpretation of wills;
- assist in the preparation of the Estate Accounts;
- provide legal advice to Beneficiaries of estates when we are not acting for the Estate Trustee;
- attend in court for the passing (approval) of the Estate Accounts (if that becomes necessary);
- assist in the setting up of trusts if the Will requires a trust.
It is our goal to settle all matters in an estate as quickly as possible. In most cases, this can be done within six to nine months after the death of the Testator. Sometimes waiting for the Clearance Certificate from Canada Revenue Agency – CRA – can prolong matters. But even while we are waiting for the Clearance Certificate, we can usually do an Interim Distribution to the beneficiaries. Of course, there are situations where complications arise and matters are delayed.
If you would like to learn more about what the duties are of an Estate Trustee, please click here to see a Checklist which was prepared by Norman Pickell.
Disputes often occur among family members and other beneficiaries over someone’s Will. Mediation is an excellent way to resolve these types of disputes. If you would like to read an article on the advantages of mediation in estate matters, please click here.