WILLS AND ESTATE LAW
We work all of our lives to build a life for our family and loved ones through our hard work. One of the most important investments an individual can make is not what stocks one buys but a will which will determine how his or her assets will be divided on their demise.
Your will is your final instructions which can dictate how your assets will be divided and a smooth transition for your loved ones. Your will is a complicated document which should create the ground work for all of your last rites from the payment of your taxes to the decisions on where your final resting place will be.
Our trained estate lawyers are here to help you in creating a will that will help you leave the legacy you have worked so hard to create.
Once your will is created your estate is now protected and there is a certainty where your assets will go upon your demise. But what happens from today until your eventual demise? Many individuals assume that their will protects them from the moment they leave their lawyers office. This is not the case, as the will can only take effect upon your demise. A living will or more commonly referred to as a power of attorney is required to ensure that if at any point in time you become incapacitated or medically unable to make your own decisions an executor is selected to handle your medical decisions called a Power of Attorney for Health, and a separate power of attorney will be created for your financial decisions called a Power of Attorney General. The executor selected has a fiduciary duty to do no harm to your assets and your health they must work towards your best interests in maintaining both your health and assets. Speak to one of our trained estate lawyers today to find out how you can prepare your living wills and your will.
Probate With A Will
Many executors that have been named in a loved one’s will find themselves in a difficult position upon the demise of said loved one, and on top of that they are responsible for handling their estate affairs. They are unsure if they can simply divide the assets as stipulated in the will or if they must first procure permission from a government authority prior to said distribution. Most wills need to be probated. Probate is the process by which the executor’s authority to distribute assets as defined in the will is confirmed by the government by them issuing a Certificate of Appointment of Estate Trustee with a Will. Our trained estate lawyers are here to help you in filing your probate documents.
Probate Without A Will
What if there is no will, how are the assets divided? Who determines who gets what? If is extremely important to have a will created before your demise to ensure that your loved ones don’t find themselves in a state of panic once you have passed. However, if you find yourself in a position where a family member has passed away without a will our team can help you apply to become the estate trustee by filing for a Certificate of Appointment of Estate Trustee Without a Will. This process will give notification to all that are entitled to the assets of the deceased and once you have been issued the probate certificate you can then go about dividing the assets of the estate with all that would be entitled to a share in the estate.
The passing of a family member is a traumatic time for a family and loved ones, often times parties can act irrationally during this turbulent time causing conflict and a breakdown in communication lines. Wills that have been Setout might not be to the liking of a family member or might have outright excluded an entitled party. This will create a conflict between the will and the beneficiaries, our trained team of estate lawyers can Challenge a Will, or in the alternative provide a Defence for a Will if the need arises. Our estate litigation team is here to help our services include but are not limited to:
- Will Challenges
- Will Defence
- Dependent Support Claims
- Estate Administration
If you find that you require estate litigation support give our team a call and we will book an initial consultation to meet with you and determine what your needs are.