There are many legal issues to consider when handling your estate. These matters can be confusing if you have no experience with estate law. However, GS Bar Law’s experienced Wills and Probate lawyers can simplify the process.
Probate Law in Ontario
Probate is a court procedure to confirm the authority of an Estate Trustee named in a Will. Probate may be required when a deceased person dies without a Will or when the deceased person’s Will does not name an Estate Trustee. Probate may also be required if the deceased person owned real estate property that does not pass to another person by right of survivorship, a financial institution requires probate, there is a dispute regarding the Estate Trustee or the validity of the Will.
Estate Administration Without a Will
When you die intestate (without a Will), your estate is divided according to the Succession Law Reform Act and is administered by the person(s) appointed by the Ontario Superior Court of Justice as Estate Trustee. The trustee can apply to obtain a Certificate of Appointment of Estate Trustee Without a Will (also referred to as a Probate Certificate) from the court. The order of preference to become an Estate Trustee when there is no Will is given as follows:
- the married spouse of the deceased;
- children of the deceased;
- grandchildren of the deceased if no child is living;
- great-grandchildren of the deceased if no children or grandchildren are living;
- parents of the deceased if no descendants are alive;
- siblings of the deceased if no ascendants are alive, and
- next of kin.
A Certificate of Appointment of Estate Trustee Without a Will is a document provided by the court that certifies and permits the Executor/Trustee to administer the estate of the deceased. A financial institution may require this document prior to the release of any money to the Executor/Trustee. A lawyer will require a Probate Certificate before acting on any real estate transaction for property owned by the deceased which does not pass by the right of survivorship.
Estate Administration With a Will
A Will communicates your wishes after you have passed and gives directions to your Executor/Trustee (person responsible for administering your estate) on how you want to divide your estate. Once the Superior Court of Justice is satisfied that the Will is valid, they can issue a Certificate of Appointment of Estate Trustee (also referred to as a Probate Certificate). A Certificate of Appointment of Estate Trustee with a Will is a document provided by the court that certifies the Will and permits the Executor/Trustee to administer the estate of the deceased. A financial institution may require this document prior to the release of any money to the Executor/Trustee. A lawyer will require a Probate Certificate before acting on any real estate transaction for property owned by the deceased which does not pass by the right of survivorship.
Our Practice Areas
If you’re looking for a Wills or Probate lawyer or need assistance with estate planning or other related legal matters, GS Brar Law can help. We provide the following servicesꓽ
Our Wills and Estate lawyers can guide you through the process of preparing your Will. We ensure that your wishes are clear and legally binding – crucial when finances are complex and there are several beneficiaries. We also make sure your assets are protected and your family is taken care of after you are gone.
Power of Attorney
A Power of Attorney is a legal document authorizing someone to make decisions on your behalf should you become unable to do so yourself. A Power of Attorney can cover matters of personal care, property, or both. We will keep you and your property protected in the event of incapacity.
Estate planning is crucial no matter your age. It involves anticipating and creating a plan to manage and dispose of your estate in case of death or incapacitation. Our team will create an individualized plan to protect your interests and the interests of your loved ones. We provide legal advice so you can make informed decisions about your estate. Our team can answer any questions or concerns you have about the process and assist with changes or updates to your Will, Trust, or Powers of Attorney.
There are specific steps to settle an estate after someone dies. These include locating a Will for the deceased, determining who is named as an Executor/Trustee under the Will, (if there is no Will, the Succession Law Reform Act outlines the order of preference to become an Estate Trustee), arranging for the funeral, paying estate tax, obtaining a Certificate of Appointment of Estate Trustee With/Without a Will, paying any other applicable debts or taxes of the deceased, and making distributions to the beneficiaries. We ensure that you are properly guided on the necessary steps in administering the estate and obtaining the Probate Certificate.
Our knowledgeable probate lawyers can also manage all court proceedings relevant to the execution of your estate. Our team will inform your representative of their legal duties and ensure they are well-informed during the process. We will also prepare and file any relevant documents in obtaining the Probate Certificate from the Court.
Are You Looking for a Wills and Probate Lawyer?
At GS Brar Law, we can help you navigate the complex legal processes surrounding probate law and ensure your wishes are followed. Call us at 905-291-3297 or fill out our online contact form. We will be in touch within three business hours.