Estate Administration

If you have experienced the death of a loved one, our lawyers can assist you in handling their estate. We can review any estate planning documents your loved one prepared, and work with you to apply to the Court for approval to administer the estate, if you are the appropriate person to do so. Our lawyers also have experience in handling litigation where there are disputes about the handling or distribution of the Estate.

If you have been appointed as an executor, an overview of the process and your duties can be found here.

For more information about Estates, click here.

You can find our Estate Questionnaire by clicking here.

What is an Estate?

• An estate is all the assets of a deceased person, including but not limited to:
  • Land;
  • Bank accounts;
  • Vehicles;
  • Miscellaneous goods.
• Some property may not be included in an estate, including jointly owned property, and any property for which a beneficiary has been designated, including Life Insurance, RRSPs and Pensions.

I have been named an executor/personal representative of an Estate. What does this mean?

• If you have been named the Personal Representative of a Will, you are responsible to collect the property of the deceased, pay the debts of the deceased, and divide the remaining assets among the beneficiaries named in the Will;
• You must tell the beneficiaries that they have been left a gift in the Will;
• You have a fiduciary duty to ensure the Will is followed;
• You are not responsible for the debts of the deceased. The money in the estate is used to pay the funeral expenses, debts, and taxes of the deceased, after which the remaining assets are paid to the beneficiaries;
• A more detailed list of duties can be found here [link to Personal Representative Duties page].

What happens if the deceased died without a will?

• The estates of individuals who die without a will are divided as set out in the Wills and Successions Act;
• A person interested in the estate must make an application to administer the estate. The Estate Administration Act determines who has the first right to apply.

I don’t think my loved one’s will is being properly followed, what do I do?

• If you believe a Will was created under questionable circumstances, you may, under some circumstances be able to challenge the Will.
• If you believe the Personal Representative is not properly administering the estate, you can seek information, and potentially request that the Court intervene to require the Personal Representative to properly administer the estate, or that the Court appoint someone else to complete the administration of the estate. 

How can SLG help me?

• If you are a Personal Representative, our team of lawyers and paralegals can help you to:
  • Apply for Probate;
  • Contact beneficiaries;
  • Collect estate assets;
  • Prepare an accounting of the estate to provide to the beneficiaries;
  • Distribute the proceeds of the estate;
  • Protect you from personal liability for any estate obligations;
  • Liase with an accountant to obtain Clearance from Canada Revenue Agency;
  • Defend the estate from litigation.
• If you are a beneficiary who has concerns about the handling of an estate, we can work with you to obtain information, negotiate resolutions with a Personal Representative, and if required, commence litigation to resolve disputes.

If you require a consultation with a lawyer or are ready to retain a lawyer, please complete our intake form by clicking here.  A staff member will contact you within one or two days.