Will Services

This site is not intending to give legal advice and the information may not be current or applicable to your situation. This site should not be used as a legal reference. For advice, please contact a lawyer, a legal aid office or a community law office.   If you die without leaving a will, it is called dying intestate. Generally, it is more complicated legally for those who survive you. It is also more expensive and time-consuming than if you had a valid will, even a halographic one. The Courts will appoint someone to manage your family estate. This person is called an administrator. Your estate will be divided according to provisions in the Estate Administration Act, which may not be according to your wishes. Who Will Inherit? If you die leaving: only a lawfully wedded spouse, your spouse will get everything. a lawfully wedded spouse and children, your spouse will have the right to use your home for his/her life. Your spouse will get the first $650,000 of your estate. The rest will be divided equally so that your spouse and children will each receive the same share. Your children will not be able to get their share of the estate until they reach the age of 19 or whatever age designated. no married spouse or your spouse is deceased, the estate goes to your children. If one of your children has died before you, any children they might have would inherit their portion. no spouse or children, the estate would be divided between your parents. If both your parents were deceased, the estate would go to your brothers and sisters. The Rights Of A Common-Law Spouse If you have lived in a common-law relationship for a period of time (years?) and have supported that spouse during that time, your common-law spouse can apply to the court for a share in your estate. Common-law spouses must apply to the court within a specific time (six months?) from the date the court appoints an administrator.   One of the toughest choices people face when drawing up their will is who is the best person to complete their affairs: the executor of their estate. Duties of Your Executor Your executor has a legal responsibility to take proper care in the exercise of his duties. Take immediate control of the deceased's affairs. Make funeral arrangements. Find the valid will and notify heirs, banks and brokers. Redirect mail and cancel credit cards and subscriptions. Locate and gather assets and liabilities in order to make an inventory. Settle insurance. File a terminal tax return. Distribute assets. Who Can You Choose? A trusted family member or friend. A professional (lawyer, accountant or notary). A corporate executor such as a trust company. The Public Trustee. A family member or trusted friend can often do the job and hire professional advice when needed. Compensation should be discussed and detailed in the will. Professionals, Trust Companies and the Public Trustee will often charge a flat percentage of the estate and/or a bill for services rendered. They will usually be more expensive but can be very valuable if, for example, there are no living relations or you have a trust provision for a mentally challenged relative. If you decide to choose a family member or friend, try and make sure it is someone who: you trust. has the financial ability to administer your estate. lives nearby. has the time to devote to the job. is younger, rather than older than you. can get along with the family and your beneficiaries.   Safety Deposit Box Contents After A Death Q: What happens to the contents of a safety deposit box when its holder dies? Why not put burial information in it? A: The best place for burial information or your wishes regarding funeral arrangements is with your doctor, executor of your will, or with another close friend or family member who you can trust. The main reason why one should not put this information in the safety deposit box is that, since it can take up to or over a week to get a death certificate, it is important that in the meantime people are aware of the wishes of the deceased and able to proceed with funeral arrangements. Once a death certificate is acquired, a bank official will go through the box with the executor or administrator. The contents will be listed, and a copy of the list will be given to the executor/administrator, one copy will be sent to the District Registrar of the Supreme Court, and one copy put in the safety deposit box. If there is a will in the box, it will be given to the executor. The remaining contents will be frozen for whatever period the bank or trust company policy states. This can be anywhere from 14 days to the completion of full probate, or when letters of administration have been granted. In some instances, if the box has been jointly leased with another person, the survivor may be able to take the contents immediately after the inventory has been made. This decision will be made at the discretion of the bank manager. Check with your financial institution or bank about this. **Information given in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation.**

 

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