In the event of a loved one passing away, family members not only have to oversee their funeral arrangements but also the important legal duty of the distribution of all estate owned by the deceased based on the deceased’s wishes. These events that transpire after the death of a loved one are exclusively dictated by their will. The written will is a legal document, which determines the executor who will be tasked with the administration of the estate, and the payments of any impending debt, if applicable. This comes to fruition, only after the granting of the probate. The probate is the process through which the court determine the validity of the will, and by extension, the process that leads to the settlement of all disputes relating to inheritance and asset distribution. Here, at WillsEstateLawyers, we ensure that the posthumous wishes of your loved one are carried out swiftly, and precisely. From assistance in writing a will to handling disputes, we’re here to help with complex legal matters.
Probate with a Will
Asset distribution is relatively simple when the deceased has left behind a will, since the name of the executor is generally mentioned in the will. With an experienced team, our legal representation can aid the executor in legalities concerned with the distribution of the estate and the settlement of all applicable dues. In the absence of a predefined executor, the family of the deceased must come to a mutual agreement about the executor unless they prefer external interference from the Court.
With the help of our legal guidance, the executor can confidently submit the will to the designated provincial probate court of the deceased along with a petition requesting acceptance. The probate process takes roughly an entire year, provided the will goes unchallenged and without any further complications. Our team of legal experts will consider the addition of specific contingencies that shape a well-rounded will.
Probate without a Will
The probate process is considerably complicated when the deceased hasn’t left behind a will to dictate the asset distribution. Instances of disputing families are fairly common in the absence of a will. In such cases, the probate court appoints an executor in accordance with the provincial laws. The provincial laws that are applicable for the deceased also determine the manner in which the estate shall be distributed. Our legal services are designed to help you get the most out of your loved ones’ fortune and we can guide you in traversing through the difficulties associated with getting a probate without a will.
Preparing a Will
Preparing a will requires you make several considerations to ensure there is no confusion among family members and your assets end up in the right hands.
- It’s imperative to be aware of the extent and the contents of all property you own, and of all impending payments overdue
- It’s also important to be able to recall all the family members or other acquaintances who are expected to be beneficiaries of your estate
- It is critical that the language used during the preparation of the will aids the executor with accurate asset distribution
- It’s important that the signing of the will is acknowledged by two present witnesses and that they sign in your presence
- Your death can lead to several income-tax and estate tax liabilities for your loved ones and it is essential for you to be aware of them
- It’s important that you’re aware of the various default provincial and federal laws pertaining to estate distribution.
We offer professional legal services to help you prepare a will after considering all relevant factors to ensure a smooth transition.
Changes to the Existing Will
There are times when financial and familial situation can lead to you bringing about changes in your will.
- A divorce or the termination of an adult-interdependent relationship should ideally bring changes to your will
- The birth or adoption of children or grandchildren can lead you to make certain adjustments to your will
- Similarly, the death of a predefined beneficiary will lead to specific changes to your will
- Any changes to your financial condition can also result in you need to make certain adjustments
- You will be required name an alternate executor in the event of the demise of the original executor
Any changes you intend to make to your existing will has long-standing repercussions. Our legal experts will remain objective in their assessment of your financial or legal position, and advise these changes accordingly.
The time after your death will be a difficult period for your family, and ensuing financial and legal complications are not going to help. To proactively safeguard their future you can rely on our probate and wills services.