Probate begins with you.
You'll provide us with any Will that may exist, as well as information about family and assets.
The ultimate aim, after the necessary legal steps, is an application to court for a Certificate of Appointment of Estate Trustee or similar document.
This document confirms the validity of the deceased person's Will or estate, and grants the executor or estate trustee the legal authority to manage and distribute the deceased's assets.
Depending on your province, one of the most significant considerations when applying for probate may be an estate administration tax, also known as probate fees.
An estate administration tax may be charged by your provincial government when you apply for probate, and it is typically based on the total value of the assets in the estate.
If relevant, executors must account for the estate administration tax in the estate’s expenses. The tax can be significant, so if applicable it's important to plan for how it will be paid.
Estate administration tax is not the last word on taxes. Based on the assets of the estate, capital gains tax may be owed to the federal government, and of course, final taxes must be filed as part of the process.
It's a lot to take on, but not to worry, we assist executors every step of the way.
You'll provide us with any Will that may exist, as well as information about family and assets.
The ultimate aim, after the necessary legal steps, is an application to court for a Certificate of Appointment of Estate Trustee or similar document.
This document confirms the validity of the deceased person's Will or estate, and grants the executor or estate trustee the legal authority to manage and distribute the deceased's assets.
Depending on your province, one of the most significant considerations when applying for probate may be an estate administration tax, also known as probate fees.
An estate administration tax may be charged by your provincial government when you apply for probate, and it is typically based on the total value of the assets in the estate.
If relevant, executors must account for the estate administration tax in the estate’s expenses. The tax can be significant, so if applicable it's important to plan for how it will be paid.
Estate administration tax is not the last word on taxes. Based on the assets of the estate, capital gains tax may be owed to the federal government, and of course, final taxes must be filed as part of the process.
It's a lot to take on, but not to worry, we assist executors every step of the way.
We navigate probate for you and with you.
The person named as the executor or estate trustee in a Will (or appointed by the court if there is no Will) typically ends up with a heavy schedule of activities and responsibilities.
The executor must retain legal assistance as necessary in preparing for probate; itemize, gather, and secure the assets of the deceased; pay any court-required bond as may be necessary; pay funeral expenses; pay and terminate bills as may be necessary; pay the debts of the deceased from the assets of the deceased; take care of any probate fees; take care of the tax filings of the deceased (such as any filings for past years that may remain unfiled, and the filing for the year of death); take care of the tax filings of the estate (such as for estate earnings beyond the point of death of the deceased); take care of any foreign taxes; handle unique matters like foreign or difficult-to-value assets, or ongoing investment portfolios; and distribute assets to beneficiaries in keeping with the Will or in keeping with the law in the absence of a Will.
With so many taxes possibly applicable, hold-backs are common in estate administration, such that beneficiaries get distributions in two instalments rather than one.
Executors have a fiduciary duty to act in the best interests of the beneficiaries, and failing to fulfill their obligations could result in personal liability.
In addition, beneficiaries can legally seek to have executors give an accounting of how they have managed and settled the estate of the deceased.
Whatever the circumstance, we assist executors with hands-on probate and court support, legal advice, process navigation, beneficiary communications and relations, and referrals to a broad range of tax professionals.
Sometimes, such as for out-of-country beneficiaries, or the consensus selection of an unrelated person, the law firm retained for probate can act as the executor.
Having a professional in the role is not necessary, but for those that opt for it due to circumstance, it can deliver clear advantages, such as a smooth probate and distribution process.
The person named as the executor or estate trustee in a Will (or appointed by the court if there is no Will) typically ends up with a heavy schedule of activities and responsibilities.
The executor must retain legal assistance as necessary in preparing for probate; itemize, gather, and secure the assets of the deceased; pay any court-required bond as may be necessary; pay funeral expenses; pay and terminate bills as may be necessary; pay the debts of the deceased from the assets of the deceased; take care of any probate fees; take care of the tax filings of the deceased (such as any filings for past years that may remain unfiled, and the filing for the year of death); take care of the tax filings of the estate (such as for estate earnings beyond the point of death of the deceased); take care of any foreign taxes; handle unique matters like foreign or difficult-to-value assets, or ongoing investment portfolios; and distribute assets to beneficiaries in keeping with the Will or in keeping with the law in the absence of a Will.
With so many taxes possibly applicable, hold-backs are common in estate administration, such that beneficiaries get distributions in two instalments rather than one.
Executors have a fiduciary duty to act in the best interests of the beneficiaries, and failing to fulfill their obligations could result in personal liability.
In addition, beneficiaries can legally seek to have executors give an accounting of how they have managed and settled the estate of the deceased.
Whatever the circumstance, we assist executors with hands-on probate and court support, legal advice, process navigation, beneficiary communications and relations, and referrals to a broad range of tax professionals.
Sometimes, such as for out-of-country beneficiaries, or the consensus selection of an unrelated person, the law firm retained for probate can act as the executor.
Having a professional in the role is not necessary, but for those that opt for it due to circumstance, it can deliver clear advantages, such as a smooth probate and distribution process.
We keep the focus on you. From start of probate to finish.
Search our Google reviews and you'll find reviews like these samples:
Search our Google reviews and you'll find reviews like these samples:
Thank you for your patience and care in dealing with my son's estate during a very difficut time for us. You truly give lawyers a good name. I have friends in Arnprior who could do with some advice and assistance from you on their Will issue, and I have given them your contact info, with complete confidence.
Douglas, Ottawa
If you need any legal work Jide will go above and beyond for you.
Luc, Ottawa