What exactly is probate?
‘Getting probate’ is actually the process of legally establishing the validity of a Will. In other words, the Court is asked to confirm that the Will before the Court is the Last Will of the deceased and to confirm the appointment of an executor (now officially called an estate trustee). When an executor ‘gets’ probate, what they are actually getting is a certificate issued by the Court called a Certificate of Estate Trustee with a Will. This is the authority that an executor or estate trustee needs to administer the deceased’s estate.
If the deceased did not leave a Will, someone must apply to Court for a Certificate of Estate Trustee without a Will (instead of ‘with a Will’). In this case, the process is to have the Court confirm the appointment of an Estate Trustee without a Will. The estate is distributed according to Ontario’s intestacy laws. Dying intestate means dying without a Will.
Now that I have the Certificate of Estate Trustee, what should I do first?
Recent statistics reveal that Ottawa continues to enjoy a healthy real estate market. Home sales in August were up 6.6% over last August. For most of us, our home is our most valuable asset. Makes sense that it should be carefully considered when doing estate planning. This is particularly true for couples.
Oh, those lazy days of summer spent at the family cottage. It’s the stuff fond summer memories are made of. However because of those strong emotional ties that many of us have to our family cottage, estate planning around the cottage can present a challenge.
Last week’s blogpost explored two questions I am often asked by individuals who have been appointed guardian of property for an incapable person: (1) what is a ‘passing of accounts’?; and, (2) how does the Office of the Public Guardian and Trustee (OPGT) get involved?
At my law office in the Kanata-Stittsville area of Ottawa, I frequently meet with individuals who are acting as the court-appointed guardian of property for an incapable person. Two questions often come up: (1) what is a ‘passing of accounts’?; and, (2) how does the Office of the Public Guardian and Trustee (OPGT) get involved?
