will Archives - Canada

How can I make sure my child who has a disability is provided for when I die?

Posted on January 14, 2020April 17, 2023 By admin

There are several options to consider when planning to provide for a child with a disability after death. These options include Henson trusts (a form of discretionary trust), Qualified Disability Trusts, Registered Disability Savings Plans, Lifetime Benefit Trusts, and Preferred Beneficiary Elections.

What is a Henson trust?

A Henson trust is a trust designed to benefit persons who are receiving or may become entitled to receive disability benefits from the government. The purpose of a Henson trust is to protect assets of a beneficiary while preserving the right to collect government benefits. Henson trusts are sometimes also called “absolute discretionary trusts”.

Henson trusts are often set up in a parent’s will (i.e., as a testamentary trust), but can also be set up during the lifetime of the parent. Testamentary trusts may be eligible for more favourable tax treatment if the trust also qualifies as a Qualified Disability Trust (see below).

How does a Henson trust work?

The key to a Henson trust is that the trustee has “absolute discretion” to decide whether, and in what amount, to provide assistance to the beneficiary using the assets of the trust. Because the trustee has this “absolute discretion,” in most provinces the assets are not considered to be vested in the beneficiary and cannot be used as a basis for the denial of government benefits that are calculated based upon the assets of the beneficiary.

Where does a Henson trust work?

Henson or Henson-style trusts are available in Ontario, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island, Saskatchewan, the Yukon, Alberta and Québec. Outside of Ontario, these trusts are typically called “discretionary trusts”.

What is a “Qualified Disability Trust”?

Henson trusts may qualify for lower tax rates if they satisfy the “Qualified Disability Trusts” (QDT) criteria as defined in the Income Tax Act. To qualify as a QDT, the following criteria must be satisfied:

The trust must be a testamentary trust (i.e. made by a Will)
The trust must be resident in Canada for the trust year
The trust and beneficiary must have made a joint election for the trust to be a QDT
The beneficiary must be approved for the Disability Tax Credit
The trust must be the only QDT for that beneficiary

The limitation of one QDT per beneficiary means that if both the parents and the grandparents want to set up a Henson trust, only one of the trusts could qualify as a QDT. Further, eligibility for the Disability Tax Credit requires certification by a medical professional that the beneficiary has a severe and prolonged physical or mental impairment.

Choosing a trustee

It is important to keep in mind that a trustee position may continue for an extended period of time after the death of the person creating the trust. Further, because a properly drafted Henson trust grants absolute discretion to the trustee, the trustee will be closely involved and have broad discretion in determining when and how much to provide for the child with a disability. It is therefore important to select a trustee who is trustworthy and who understands the needs of the child.

What is a Registered Disability Savings Plan?

A Registered Disability Savings Plan (RDSP) is a savings plan intended to help save for the long-term benefit of a person who is eligible for the Disability Tax Credit. RDSPs provide access to grants and bonds on a means-tested basis for beneficiaries up to the age of 49. To be eligible as the beneficiary of an RDSP, an individual must:

Be eligible for the Disability Tax Credit;
Have a valid social insurance number;
Be a resident in Canada at the time that the plan is created; and
Be under the age of 60 (an application must be made before the end of the calendar year in which the individual turns 59)

There is a lifetime contribution limit of $200,000 to an RDSP, and contributions are allowed until the end of the year in which the beneficiary turns 59. The holder of the RDSP opens and manages the RDSP. Contributions to the RDSP can be made by anyone but must be authorized by the holder. The parent of a child with a disability can open an RDSP for the child if they are under the age of majority and may continue on as the holder of the plan after the child reaches the age of majority. If the child is over the age of majority and contractually competent at the time of opening the RDSP, the child must be the plan holder.

What is a Lifetime Benefit Trust?

A Lifetime Benefit Trust (LBT) is a trust created to eliminate tax where an RRSP or RRIF is left to a dependent child with a mental infirmity. An LBT may be structured as a Henson Trust. If a parent intends to leave an RRSP or RRIF to a child with a disability, it may be beneficial to set up an LBT. Please speak with a TEP if you think an LBT may be in the best interests of your child.

Preferred Beneficiary Election

Income of a trust is generally taxed in the trust or taxed in the hands of one or more beneficiaries who have received the income. The Preferred Beneficiary Election allows income to be taxed in the hands of one of the beneficiaries without any payment actually being made.

One potential benefit of making the election is that it may be possible obtain a lower tax rate on income of the trust. Additionally, if the amount is not actually paid to the beneficiary, this allocation may not be counted as income for the purposes of provincial disability payments, thereby protecting and preserving the right of a disabled beneficiary to collect government benefits.

If an individual is eligible for the Disability Tax Credit, they are generally also eligible for the Preferred Beneficiary Election. Since only one QDT can be created per individual, if the parents and grandparents both want to set up trusts benefitting that individual, it may be advantageous to make the preferred beneficiary election for trusts other than the QDT.

For further information or assistance in estate planning to benefit a child with a disability, please consult a TEP.

What are my duties as executor?

Posted on January 13, 2020April 17, 2023 By admin

In the unfortunate event of death, the executor(s) named by a Will (liquidator in Quebec, see below) is charged with carrying out the final wishes of a deceased testator and administering the estate. The estate is, in general terms, all the money and property left behind by the testator. The executor(s) will be required to pool all the remaining assets of the deceased, pay any debts or taxes, and distribute the remainder in accordance with the Will.

Executor(s) have an obligation to administer the estate in a timely manner. Although there is no stated time period during which a trust must be administered, the common law presumes that an estate takes approximately one year to administer properly. This is known as the “Executor’s Year”. After the Executor’s Year, in some cases beneficiaries may be permitted to seek payment.

I have been named in a Will as an executor. Do I have to accept?

A person appointed by Will may decline to be an executor. However, if an appointee is considering declining the appointment, it is imperative for them not to begin administering the estate. Once an individual begins to act as an executor, a court order may be required in order for them to resign.

What should I do next?

If a potential executor has not been named by Will as estate trustee, they will need to obtain a Grant of Administration or a Certificate of Appointment. If an executor is explicitly named by Will or has obtained a court order permitting them to administer the estate, they should begin by identifying anyone familiar with the business and private affairs of the deceased such as lawyers, accountants, business partners, etc.

A named executor can begin making funeral arrangements. The Will may outline funeral instructions or pre-paid plans. If the Will contains no requests, it is prudent to involve family members in decision-making, since they will likely have thoughts about the deceased’s funeral wishes, and may have wishes of their own.

If the estate is sizeable or complex, an advisor may be engaged to draft and review the probate paperwork. The ultimate responsibility for review and signing of probate paperwork lies with the executor, but the use of an advisor can simplify and expedite the process. The cost of any legal fees and taxes are deducted from the estate once the legal work is complete. A TEP can act as an advisor or assist in engaging, instructing, and comparing specialists.

Satisfying debts and obligations of the deceased

One of the key responsibilities of an executor is to ensure that any outstanding debts or obligations of a deceased are settled, including any outstanding tax obligations. People familiar with the deceased may provide some guidance on known debts. However, in order to give notice to any other potential creditors, a notice should be posted in a local newspaper and (if appropriate in the province) in the provincial gazette. The notice must provide the deceased’s name and a request for any potential creditors to come forward.

How do I obtain a death certificate?

A proof of death certificate can be obtained from the funeral home. This document should be registered with the Vital Statistics Agency in the province in which the deceased resided. This Agency can provide an official death certificate. A proof of death certificate will be sufficient for most purposes in some provinces.

What if there is not enough money in the estate to cover funeral expenses?

The executor may apply to the deceased’s municipality for funding to assist with funeral expenses. Arrangements should not be made until eligibility for assistance has been determined.

Notifying beneficiaries named in the Will

Executors are legally required to notify all beneficiaries named in the Will. If the executor applies for probate, courts will require proof that beneficiaries have been notified.

Valuation of the estate

An executor is required to establish the value of the deceased’s estate for the purposes of filing the terminal year tax return of the deceased, calculating capital gains taxes, and determining probate fees/estate administration tax to be paid on the value of the estate. A TEP can help with the process of estate valuation.

Do I have ongoing obligations? How long does this take?

The length of time required to administer an estate depends on, among other factors, the complexity of the estate, size of the estate, and number of beneficiaries named in the Will. With a standard estate, it is assumed that the bulk of the process will take approximately a year. Tax matters will generally take longer, especially if a Clearance Certificate is requested from the Canada Revenue Agency. As part of the distribution of the estate, the executor may need or wish to present a formal “passing of accounts”. This process involves the presentation of written accounts to a Court and items of controversy may be challenged by one or more beneficiaries.

Do I get paid as executor?

The Will may or may not explicitly provide for executors to be compensated. If the Will is silent on the matter, the appointee may still be compensated for acting as an executor. This would either require approval from all of the beneficiaries, or an order from the Court as part of a passing of accounts. A Court can order that any compensation taken by an executor without approval be repaid.

What is a liquidator?

In the province of Québec, a liquidator plays a similar role to an executor in other provinces. Liquidators are responsible for distributing the succession of the deceased. This role has slightly different obligations than the requirements for an executor in other provinces. For example, in Québec, there is a legal duty to not only notify the beneficiaries in the Will, but also to notify anyone who would inherit if the person died intestate.

For further information or assistance in carrying out your duties as an executor, please consult a TEP.

10 Tips to help you get started as an Executor

Posted on January 12, 2020April 18, 2023 By admin

Serving as an executor can be a lot more challenging than is initially expected. People often underestimate the amount of work that goes into the role. This article will provide executors with helpful tips for carrying out their obligations successfully.

1. Understand an executor’s duties

The executor of an estate is the representative of the estate of a deceased person. Being an executor can be difficult, time-consuming and stressful. The executor is responsible for everything from obtaining a copy of the Will to communicating with beneficiaries and creditors. While not an exhaustive list, here are some of the duties of executors – review insurance coverage, close financial accounts, pay debts, taxes and fees and distribute assets to the beneficiaries. In some cases, an executor can be found personally liable for the debts of an estate. It is important that a person appointed as an executor educate themselves about what is involved before taking on the role, in order to ensure that they are comfortable with everything that is required, as once an individual begins to act as an executor is it is difficult to leave the role.

2. Locate important documents

One of the first obligations that an executor has is to locate and read the original and most recent Will of the deceased. In an ideal situation, the testator will have informed the executor as to the location of the Will and other important documents. If this has not been done, the executor will have to conduct a search for the Will. The executor should also obtain the original death certificate of the testator and certified copies which may be required by third parties such as Financial Institutions to confirm the executor’s appointment and enable them to act on behalf of the testator’s accounts and other assets.

3. Communicate

Settling an estate can often create tension amongst family members. Executors will be required to speak regularly with beneficiaries and family members to ensure that they understand the process and balance any potential conflicts of interest. It is important to be as transparent as possible and keep the lines of communication open. Family members should be told what actions are being taken to settle and distribute the estate, and what their interests are in the estate.

4. Carry out the Will as it is written

It is crucial that the executor abide by the terms of the Will. While this may seem obvious, sometimes executors may feel tempted to change an unpopular part of the Will in favour of what they believe to be fair or efficient. At other times, family members or beneficiaries of the Will may encourage the executor to alter a certain provision in their favour. It is important to remember that the executor’s role is to distribute the estate strictly as it was set out in the Will.

5. Pay debts and taxes before paying beneficiaries

One of the most important responsibilities of an executor is paying off any outstanding debts, taxes and fees. Sometimes, executors feel pressure by family members and/or beneficiaries of the will to distribute their interests right away, but if an executor pays a beneficiary before clearing all liabilities, they may be held personally responsible for doing so.

It is best practice to obtain a Clearance Certificate from Canada Revenue Agency which confirms that any taxes owing, interests and penalties have been paid by the estate. Doing so, provides the executor with clearance to distribute the estate assets with the knowledge that tax obligations have been satisfied. Executors who fail to obtain a Clearance Certificate may be held liable for paying any outstanding taxes up to the value of the estate (and possibly beyond in the event the executor was found to be grossly negligent).

6. Take your time – within reason

Administering an estate is time consuming. It can often take more than a year and could stretch out even longer depending on the complexity of the Will and nature of the various assets. An executor must strike the correct balance between ensuring that they take the time to understand the issues involved in the administration of the estate, while keeping estate settlement moving forward. Executors should be aware of the concept commonly referred to as the “executor’s year” during which time there is an expectation that the executor gather the deceased’s assets and administer the estate in a manner so that at least any cash bequests can be made within the year of death. It is possible that interest may accrue to cash bequests not made within the executor’s year unless the Will specifically disallows the application of interest.

7. Maintain records

Keeping good records is crucial. If beneficiaries have questions, the executor must be able to back up and support their decisions with the correct documentation. Since the executor is accountable to the beneficiaries for the assets of the deceased, it is vital that accurate records are maintained when dealing with the distribution of the estate, as well as records of all debts, expenses and taxes. Further, it may be necessary to submit the records to the court for approval known as the “Passing of Accounts” therefore detailed accurate records are essential.

8. Seek professional advice

Once you obtain the necessary documents, an executor will have a better understanding of just how complicated administering an estate may be. At this point, they may wish to seek advice from professionals whose expertise will assist in preventing costly mistakes. Executor duties often require consulting multiple professionals, including lawyers and accountants. In most cases, it is not appropriate to undertake the process of estate administration without the involvement of professionals.

9. Delegate where appropriate

An executor is not obliged to do everything personally. Executors are entitled to outsource many of the necessary tasks of estate administration. It is expected and encouraged that executors seek advice from professionals and other advisors. Delegation should be limited to appropriate tasks.

10. Protect yourself

Executors have a number of different responsibilities when managing the distribution of an estate. For peace of mind, there are two principal ways executors can protect themselves from personal liability:

(1) Executor Insurance: executor insurance will protect trustees who face any legal issues relating to decisions made in the course of estate administration.

(2) Obtain Releases from Beneficiaries: releases operate to discharge an executor from personal liability. They are typically presented to the beneficiaries at the time of distribution. The release should contain an acknowledgment that the beneficiaries received a full and adequate accounting of the administration of the estate and are satisfied with the information that was provided

For further information, or assistance with estate administration, please consult a TEP.

Things to Consider when Making a Will

Posted on January 12, 2020April 17, 2023 By admin

The thought of making and planning the distribution of your estate can be daunting. It can be difficult to grasp where to start or who to ask for advice. This following considerations should be taken into account when planning for and preparing a Will.

Appointing a Guardian for your Minor Child

When one parent dies, the other parent typically gets legal custody of any minor children. However, if one parent is unfit to care for the child, or if both parents die, the deceased’s family and the Courts will look to the Will to determine who should become a child’s guardian. If there is no guardian named in a Will, or if the named guardian is unwilling or incapable of acting as a guardian, the Courts will make a decision on behalf of the deceased individuals.

To avoid complications, it is wise to name guardians and alternate guardians for your minor children in your Will. It is also important to speak with potential guardians prior to appointing them, in order to ensure that they are willing and able to assume this responsibility.

Choosing the Beneficiaries of your Will

The individuals named in a Will are called “beneficiaries.” The most common types of beneficiaries are family, close friends and charities. A Will outlines the inheritance to be received by each beneficiary after a person’s death.

Value your Assets

In making a Will, it is helpful to consider and list all known assets. If there are significant assets, such as a house, property or motor vehicle, it is important to identify whether the asset is owned independently or in conjunction with someone else. With respect to real property, there are two ways in which property can be co-owned: (i) a joint tenancy, or (ii) a tenancy in common. The nature of the property ownership will impact whether or not the testator’s share of the property can be included in the Will and gifted to a beneficiary.

Specific Gifts

Many people include specifics gifts of items with sentimental value in their Wills so they can ensure that these items are given to a specific person. Even if there is little to no monetary value in the object, sometimes a small personal item will be the one which is most crucial to a beneficiary. Specific gifts may include jewelry, artwork or other family heirlooms.

Appointing an Executor

It is important to consider who should be appointed as the executor of an estate when an individual passes away. The executor is an individual who carries out the instructions in the Will and administers the estate, including paying any taxes and debts, and distributing the property in accordance with the Will. Choosing an executor is an important decision. The named individual should be trusted to carry out the testator’s wishes and instructions honestly. They should be organized and understand their responsibilities as an executor.

For further information or assistance in drafting a Will, please consult a TEP.

Marriage, divorce and the effect on Wills

Posted on January 12, 2020March 22, 2023 By admin

Marriage, Divorce and the Effects on Wills

Marriage

In many jurisdictions in Canada, getting married automatically revokes any pre-existing Will created prior to the marriage. This means that the Will is cancelled out in its entirety unless one of several conditions are met. These conditions include:

A declaration is in the Will indicating that it was made in contemplation of the marriage;
An election is filed with the provincial Estate Registrar within one year of the testator’s death; or
The Will is made in the exercise of a power of appointment dealing with property that would not form part of the property of the deceased if they died intestate.

Divorce and Separation

Unlike marriage, divorce does not revoke a Will – or at least, not the entire Will. In many jurisdictions, gifts or appointments made to former spouses by Will are automatically revoked if there is a subsequent divorce. In many ways, Wills are treated as though the former spouse has predeceased the person making the Will. However, these laws should not be relied on as a substitute for updating Wills for a number of reasons:

A Will is not revoked by the separation of legally-married spouses prior to a formal divorce;
There could be unintended consequences if there are no substitute beneficiaries, the shares left to them are uneven, or they are no longer appropriate; and
Gifts made by Will to former common-law partners are not revoked by separation and must be updated by a new Will or codicil.

In addition, in most cases, separation from a common-law partner does not affect any beneficiary designations relating to assets such as RRSPs, TFSAs, or insurance policies. Given the extensive differences in legislative regulations, it is imperative to consult an estate specialist in the Province or Territory to ensure that wills are compliant with the jurisdiction of current residency.

Depending on the jurisdiction where you live, separating spouses may discover that their separation impacts their estate plan. For couples that are separating, this process provides an opportunity to reconsider your entire estate plan and make changes to reflect the new situation.

For legal advice regarding updating your Will due to a change in family circumstances, please consult a TEP.

Making gifts during your lifetime

Posted on January 12, 2020March 22, 2023 By Joanna Pegum

It has become increasingly common for parents to give gifts to their children during their lifetime rather than leaving it in a Will. Whether motivated by a desire to view the recipient enjoy the benefits of the gift during the lifetime of the giver, or by the circumstances of the recipient (e.g., a child needs to move out, buy a house, or attend university), gifts made during the lifetime of the giver warrant specific consideration.

Inter vivos vs. testamentary gifts

Gifts made during the lifetime of the giver are called “inter vivos” gifts. Gifts made by Will are referred to as “testamentary” gifts.

Is there a tax on gifts in Canada?

There is no tax on gifts in Canada, either to the giver or to the recipient. However, there may still be tax consequences to making gifts. The most common consequence is that when an asset – such as stock, real property, or even art – is gifted, the item is deemed to have disposed of by the giver at fair market value. Tax will apply to the increase in value, if any, of the asset. In general, the giver of the gift will be liable for tax on half the value of the increase at their marginal tax rate.

One potential advantage to an inter vivos gift is that, generally, any further appreciation of the asset is deferred until the beneficiary disposes of the asset. An inter vivos gift may be appropriate as part of estate planning in situations where the asset is likely to increase further in value.

To avoid adverse tax consequences property should not be sold to the recipient at a price below fair market value. This may result in double tax as the giver’s sale price will be based on fair value whereas the recipient will have a low tax cost equal to the price paid.

Inter vivos gifts as a means to avoid probate fees

Consider the motivation behind making inter vivos gifts carefully. While such gifts are appropriate when made out of a genuine desire to permit the recipient to have the asset, they may not be appropriate as a means to avoid probate fees. Gifting assets during the lifetime of a testator or setting up joint accounts as a means of avoiding probate fees may have unintended results, complicate the administration of an estate, incur unwanted taxes, and/or result in a disproportionate distribution of assets. Also, commencing in 2023, it may also require compliance with the new “trust reporting rules”. It should be noted that there has been a great deal of litigation regarding gifts made to avoid probate, which is time consuming and expensive, so any attempts to reduce probate fees should be planned and documented appropriately.

For further information or to plan appropriately for inter vivos gifts please consult a TEP.

Planning for your baby’s future

Posted on January 11, 2020March 27, 2023 By admin

The arrival of a new baby is joyful and exciting, but also comes with a series of responsibilities. Beyond day-to-day tasks associated with changing diapers and adjusting to feeding schedules, there are important responsibilities associated with planning for the baby’s personal, educational, and financial future. Taking the following steps will help new parents ensure that they are effectively planning for a child’s future.

Create a will

Creating a will is an important first step in ensuring that a child will be looked after in the event of an untimely death. Appointing a guardian for a child in the Will ensures that an appropriate person will be tasked with care of the child in the event of a parent’s untimely death.

A will also ensures financial security for children, who can be left their parents’ assets with age-appropriate oversight and distributions. Without a will, the rules of intestacy will govern the distribution of assets, which may not result in what a parent intends for their child.

Create a Registered Education Saving Plan (RESP)

An RESP is a government-sponsored savings plan which helps anyone – including but not limited to parents – save for a child’s post-secondary education. The principal benefit of an RESP is that it is ‘tax-sheltered’. Money held in an RESP can be invested without the growth being subject to taxation. In addition, the federal government will match a portion of the contributions into an RESP under the Canada Education Savings Grant (CESG), with a lifetime maximum of $7,200 per beneficiary.

There are lifetime and yearly contribution limits to using RESPs. Withdrawals may be subject to tax if made inappropriately. No contributions may be made after the calendar year in which the plan has been open for 31 years, and the plan must be wound up during the calendar year in which the plan has been open for 35 years.

Buy Life Insurance

In the event of a disaster which takes the life of both spouses, sufficient life insurance provides assurance that the economic needs of the child will be met. Even where there is one parent who is living, life insurance can provide additional assets to cover loss of income and additional expenses associated with caring for a child. Accordingly, life insurance should be purchased by parents as soon as possible as part of prudent financial planning for a child. If a parent-to-be already has life insurance, they may wish to consider increasing coverage, at least while the child is financially dependent on the parents.

Life insurance comes in different forms and with different caveats. In order to determine what types of life insurance make the most sense for your situation, please contact a TEP.

Create a Power of Attorney or Mandate

A Power of Attorney (or Mandate in Anticipation of Incapacity in Quebec) is a legal document whereby a trusted person is appointed to make decisions for an adult in the event that they become incapable of doing so for themselves. This document can give the named attorney the legal authority to look after an individual’s personal well being and/or finances (and those of their dependents). Parents can benefit from peace of mind knowing that their child’s best interests are served by someone they trust.

If you have questions or to determine what additional planning may benefit your growing family, please consult a TEP.

Who should be executor of my Will?

Posted on January 10, 2020April 17, 2023 By admin

One of the most important decisions to make when preparing a Will is choosing an executor (referred to in Quebec as a liquidator and in Ontario as an Estate Trustee), i.e., the person charged with administering an estate and carrying out the final requests of a deceased individual. Appointing the right executor ensures a quick and accurate distribution of an estate, while minimizing animosity among beneficiaries.

Duties of an executor

The duties of an executor are plentiful and include the following.

Immediately After Death

Determine whether deceased left a Will
Make funeral arrangements
Open a bank account for the estate
Notify beneficiaries of their interest in the estate
Cancel health insurance, driver’s license, credit cards
Pay outstanding debts and taxes of the deceased
Secure estate assets (ensure proper insurance)

Interim Matters

Prepare an inventory of assets including real estate, bank accounts, life insurance, investments, and personal property
Arrange for valuation of assets
Assess the rights of the surviving spouse (if any) under provincial law
Assess the rights of any dependents who were financially dependent on the deceased
Pay any outstanding debts and taxes of the deceased

Final Matters

File a final T-1 personal tax return and an T-3 trust tax return for the estate
Obtain a clearance certificate from Canada Revenue Agency
Arrange for transfer of real property
Dispose or distribute personal effects in accordance with the Will
Distribute the remainder of the estate as indicated in the Will
Close estate account

Who can be an executor?

Generally, anyone over the age of 18 who is mentally competent can act as the executor of a Will. The person named as an executor may also be a beneficiary of the Will. When choosing an executor:

Consider naming more than one executor

Multiple individuals (or co-executors) may be appointed to share the burden of administering an estate. One pitfall of this approach is that naming multiple individuals can make decision-making more difficult. If the Will is silent about decision-making, then unanimous consent will be required. However, this may still be the correct approach, and a Will can always provide for a tie-breaker if executors disagree on a decision.

Name a back-up executor

It is important to appoint an alternate executor or executors in the event that the primary executor is unable or unwilling to fulfil their role. Accordingly, Wills should list both primary and alternate executors in order of preference.

Consider the residency of your executor(s)

In addition to the practical difficulties of overseas estate administration, naming an executor who resides in a foreign jurisdiction will cause complications for post-death estate planning. For example, naming a foreign executor could change the tax residency of the estate or prevent the executor from being entitled to make trading decisions on certain investment accounts. There may also be bonding requirements for a foreign executor.

Consider naming an estate professional as an executor

Generally, people appoint family members or close friends to be the executor(s) of their Wills. However, in situations where there is a complex estate, or acrimony among beneficiaries, dependents or family members, it may be appropriate to consider appointing an estate professional as an executor. Estate professionals who provide these services include trust companies, lawyers, and accountants.

Who should I choose as executor of my Will?

The executor is tasked with the responsibility of administering an estate in accordance with a Will. The executor should be someone who:

The testator trusts to administer their affairs in accordance with their wishes;
Lives within reasonable proximity of the testator so that it is easier to deal with the deceased’s family and assets;
Has a degree of knowledge pertaining to the complexities involved in the testators tax filings, investments and financial decision-making;
Is driven and able to get things done promptly; and
Is likely to survive the testator’s death.

These responsibilities should be assigned to someone who is aware that the duties of an executor are both time-consuming and stressful. In some provinces, once an individual begins the process of dealing with estate assets, they are legally bound to see the administration of the estate to its end, unless relieved of their duties by a court order.

How do I appoint an executor?

The best practice is to first have a discussion with a chosen executor prior to naming them in a Will. If they are amenable to the role, they may be appointed as executor in the Will. Their contact information should be included in the Will, or given to a trusted advisor who holds the Will and will contact the executor.

For additional information or assistance with appointing an executor of your Will, please consult a TEP.

Can I Exclude Dependents From Receiving Assets From My Estate?

Posted on January 9, 2020April 18, 2023 By admin

donating to charity - giving money - piggybank

Some people may wish to leave money or other assets to individuals or organizations other than relatives in their Wills. These situations may arise when an individual feels a strong calling to leave most or all their assets to a charity, or in cases where family members are not perceived as those in the most need of subject assets.

While, in theory, a testator can dictate the distribution of their assets however they would like, the right to choose how assets are distributed may be limited by dependants’ relief legislation and family law obligations. Dependants’ relief legislation is in place to ensure that dependants who relied on loved ones for support are not unfairly left out of a Will.

Provincial law

In Canada, each province has its own law dealing with dependant relief. The relevant statutes include:

Ontario –Succession Law Reform Act
Quebec – Civil Code of Quebec
British Columbia – Wills, Estates and Succession Act
Alberta – Wills and Succession Act
Saskatchewan – Dependants’ Relief Act, 1996
Manitoba – Dependants Relief Act
New Brunswick – Provision for Dependants Act
Nova Scotia – Testators’ Family Maintenance Act
Newfoundland and Labrador – Family Relief Act
Prince Edward Island – Dependants of a Deceased Person Relief Act
Yukon – Dependants Relief Act
Northwest Territories – Dependants Relief Act

In British Columbia, the courts have wide latitude to vary a deceased’s Will if the court thinks the Will does not adequately provide for the spouse or children of the deceased. In that jurisdiction, is a moral obligation to provide for spouses and children in a Will, even if the children are self-supporting adults.

By contrast, in most other Canadian jurisdictions, an adult other than the deceased’s surviving spouse must demonstrate that they were dependant on the deceased for support in order to bring an action to vary a deceased’s Will (for example, the adult child of a testator). For advice on how to navigate dependants’ relief legislation in your jurisdiction, contact a TEP.

Who are my dependants?

Dependants eligible to challenge a Will typically include spouses and children who depended on the testator for support immediately prior to their death. Depending on the testator’s province of residence, this may include common law partners and stepchildren. A Court can vary the Will plan if it decides that the dependants are put into financial difficulty by the terms of the Will.

Avoiding disputes with your family

If there is any possibility that a Will may be challenged (for example, a controversial position is taken in the Will), a TEP should be consulted for advice on how to avoid expensive and draining litigation.

If you are concerned that family members may challenge a Will, you may wish to consider the following steps:

Tell your family why you decided not to leave anything to them.
Write a letter to accompany your will explaining your reasons.
Get a doctor’s certificate confirming that you were of sound mind when you made the will, to minimize the risk that it can be successfully challenged on the grounds of mental incapacity.
Clearly communicate your intentions to your TEP in writing.

For further information, or assistance with drafting a contentious Will, please contact a TEP.

I don’t believe it! Common excuses for not making a will

Posted on January 6, 2020March 27, 2023 By admin

Making a will is important for various reasons. Not only does executing a Will ensure that assets are distributed according to the testator’s wishes, it also saves family members the energy and expense associated with Court and filing an application to enable the administration of your estate. Despite the importance of making a Will, many people put it off for various reasons. This article is designed to provide you with some of the most common, misguided excuses for not executing a Will.

I don’t need a will because my partner will get everything.

A common misconception is that a romantic partner will automatically inherit all property left by the deceased, but this is not always the case. Without being legally married – even in cases of long-term cohabitation – surviving partners may, in fact, receive nothing if the other partner passes away. In addition, even married couples cannot count on automatic inheritance of all property left by the deceased. In the absence of a Will, the laws of intestacy determine the division of an estate.

Making a will is too expensive.

Individuals are often put off by the purported cost of making a will. This fails to take into account the fact that dying without a valid will(intestate) may cost the family and loved ones of the deceased much more in the long run. Moreover, simple wills are often not expensive and can be bundled with Powers of Attorney in order to reduce overall costs. Focus on the value of having a valid will versus the cost.

I don’t have the time.

Making a will does not have to be time consuming. Compare it to the time it takes for commute to work or drive to the cottage. Creating a will brings peace of mind, encourages appropriate estate planning, and ultimately spares family and loved ones much more time after your death.

I don’t have much to leave.

Making a will is a good idea for anyone, no matter how large or small their estate. A will serves several purposes in addition to determining the division of an individual’s assets. For example, any individual with minor children needs to ensure that their will appoints a guardian who is responsible for their care. It also enables one to appoint the person who is able to make decisions on behalf of the estate, and to deal with government agencies, banks, and other third parties.

Moreover, as an individual gets older, the value of their assets and real property is likely to increase. A will can ensure that the increased assets are distributed appropriately in the case of untimely death.

I’m too young, I don’t need to make a will.

For adults, there is no age too young to create a will. People are rarely given time to plan for accidents and illnesses. Life can happen when you least expect it. A will brings the peace of mind of knowing that children will be cared for, assets will be distributed appropriately, or even that spouses will not have to sell the family home due to an untimely death.

Making a will is important for several reasons. Not only does executing a will ensure that assets are distributed according to the testator’s wishes, it also saves family members the energy and expense associated with to Court and filing an application to enable the administration of your estate.

Despite the importance of making a will, many people put it off for various reasons. This article is designed to provide you with some of the most common, misguided excuses for not executing a will.

1. I don’t need a will because my partner will get everything.

A common misconception is that a romantic partner will automatically inherit all property left by the deceased, but this is not always the case. Without being legally married – even in cases of long-term cohabitation – surviving partners may, in fact, receive nothing if the other partner passes away. In addition, even married couples cannot count on automatic inheritance of all property left by the deceased. In the absence of a will, the laws of intestacy determine the division of an estate.

2. Making a will is too expensive.

Individuals are often put off by the purported cost of making a will. This fails to take into account the fact that dying without a valid will (intestate) may cost the family and loved ones of the deceased much more in the long run. Moreover, simple wills are often not expensive and can be bundled with Powers of Attorney in order to reduce overall costs. Focus on the value of having a valid will versus the cost.

3. I don’t have the time.

Making a will does not have to be time consuming, compare it to the time it takes for commute to work or drive to the cottage. Creating a will brings peace of mind, encourages appropriate estate planning, and ultimately spares family and loved ones much more time after your death.

4. I don’t have much to leave.

Making a will is a good idea for anyone, no matter how large or small their estate. A will serves several purposes in addition to determining the division of an individual’s assets. For example, any individual with minor children needs to ensure that their will appoints a guardian who is responsible for their care. It also allows appoints the person who is able to make decisions on behalf of the estate, and to deal with government agencies, banks, and other third parties.

5. I’m too young, I don’t need to make a will.

For adults, there is no age too young to create a will. People are rarely given time to plan for accidents and illnesses. Life can happen when you least expect it. A willbrings the peace of mind of knowing that children will be cared for, assets will be distributed appropriately, or even that spouses will not have to sell the family home due to an untimely death.

For additional information, or advice in drafting a will, please consult a TEP.

What is Probate? What does it mean to probate a Will?

Posted on January 6, 2020April 17, 2023 By Louise Polcaro

Probate, from the Latin probare, “to test or prove,” involves the act of proving the legal validity of a Will. In certain situations (for example, to access a deceased’s bank accounts or to transfer land), a legal document must be issued by a Court proving that a Will is valid and the person named as Executor within the Will has the authority to act on behalf of the Estate. In most provinces and territories, the Court issues a certificate called ‘Letters Probate’, the ‘Grant of Probate’, or ‘Grant of Certificate of Appointment of Estate Trustee With (or Without) a Will’. The process is commonly referred to in short as “Probate.”

The process for verifying Wills in Quebec differs from the rest of Canada.

If the deceased left a Will

If the deceased left a valid Will, the document should provide who the appointed authorities are (i.e. Executor(s)) to look after the estate administration, who the beneficiaries of the Estate are, and any specific intentions as to how the deceased’s possessions, money or property are to be distributed to them.

The Executor named in the Will may be required to obtain Letters Probate (or Certificate of Appointment of Estate Trustee With A Will, in Ontario), in order to administer any estate assets or settle any claims of the deceased. If required, a probate application form would be prepared and submitted to the Courts, along with other required or supporting documentation. This process varies slightly from province to province. For more information regarding probate in the specific province of residence (determined with reference to the deceased), please click the name of the province below.

If the deceased did not leave a valid Will

If the deceased did not leave a valid Will, they are said to have died “intestate.” Generally, when a person dies intestate, an application must be made to the Court. The Court will appoint an authority (i.e. Administrator(s)) to administer and distribute the Estate according to specific laws called the laws of Intestacy. These laws determine who is eligible to receive assets in the estate, and they do vary province to province as well.

How does the Grant of Probate different than the Grant of Administration?

Although the naming varies slightly between provinces, Courts generally have three different grants they can issue when a person applies to administer an Estate. It depends if the deceased died with a Will or without one. It is the responsibility of the person applying to determine what type of grant they are applying for and to apply for the appropriate grant. Each type of grant will have different application requirements.

(1) If the Will names you as the Executor, you will apply for a Grant of Probate (or in Ontario, a Grant of Certificate of Administration with a Will).

(2) If the Will ‘does not’ name anyone as Executor or the person named as Executor is unable or unwilling to act, it will be necessary to apply for a Grant of Administration with Will Annexed (or in Ontario, a Grant of Certificate of Administration with a Will).

(3) If the deceased died without a Will, you will need to obtain a Grant of Administration (or in Ontario, a Grant of Certificate of Administration without a Will).

There are other grants for more complex situations, which may include replacing an acting Executor or Administrator, or recognizing a foreign Grant of Probate from another province or territory. It is prudent to seek legal assistance prior to making applications to a Court.

Most provinces will not issue grants of administration to people who reside outside the province. In provinces where grants of administration are made or made to people who reside outside the province, the court may require some form of security or bond to be placed by the person assuming the role of administrator. These requirements vary from province to province and a TEP should be consulted regarding the rules specific to the applicable jurisdiction.

Do I need a lawyer to probate a Will?

Estates vary substantially in terms of size and complexity. If the Executor is required to obtain the Grant of Probate, the application process can be very complex. Although most Probate applications do not require a formal appearance in Court, there are a number of legal forms that must be filled out correctly. Determining which forms are necessary, completing them accurately, and enclosing appropriate supporting documentation can be daunting. Legal assistance is recommended, although may not required for simple estates.

If an Estate is contested by a beneficiary or involves administration outside the scope of what is discussed in this overview, Executors should strongly consider seeking formal legal advice.

Is it necessary to probate a Will?

Not all Estates will require the Will to be Probated. The Grant of Probate will provide legal authority to an Executor(s) to handle any assets held by an Estate. Generally, any land or real estate held in an Estate may only be handled by and Executor who has received Probate. If the deceased died with bank accounts in excess of $25,000, the bank may only release those accounts to the Executor if Probate was issued by the Court. For Estates with assets of lessor value, banks may accept other forms of indemnity to handle those assets rather than obtaining the Grant of Probate.

Information on probate by province

Probate in Canada

Posted on December 19, 2019April 21, 2023 By Joanna Pegum

The law of probate in Canada depends on the province. Please see below:

• Alberta
• British Columbia
• Manitoba
• New Brunswick
• Newfoundland and Labrador
• Northwest Territories
• Nova Scotia
• Nunavut
• Ontario
• Prince Edward Island
• Québec
• Saskatchewan
• Yukon

Probate in Alberta

Is a grant of probate required?

Generally, a grant of probate is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the court as having authority to act on behalf of an estate. In some situations a grant of probate is not required, which are outlined below.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:
• Real estate that is jointly owned;
• Insurance proceeds that are payable to a named beneficiary;
• Joint bank accounts (although in some cases such accounts are the property of the estate);
• Registered government securities (under certain circumstances);
• Registered savings plans and Tax-Free Savings Accounts with a named beneficiary;
• Certain corporate securities such as private corporation shares and shareholder loans;
• Personal items;
• Automobiles and other vehicles;
• Canada Pension Plan Survivor’s Benefits; and
• Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.

Three main types of grants may be obtained:

(1) If the will names a person to be the executor, that person should apply for a grant of probate.

(2) If the will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with will annexed.

(3) If the deceased died without a will, a potential personal representative will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for the appropriate grant. A probate forms package is available for purchase from the Government of Alberta. You do not require a lawyer to complete the forms; however, legal advice is recommended. Lawyers have access to a new Surrogate Digital Service which can streamline the process and shorten the waiting time for a grant of probate by several months.

How much does it cost to obtain a grant of probate in Alberta?

The charges for a grant of probate in Alberta are determined based on the value of the estate in Alberta, as follows*:

(a) $35 for an estate worth up to $10,000
(b) $135 for an estate worth between $10,000 and $25,000;
(c) $275 for an estate worth between $25,000 to $125,000;
(d) $400 for an estate worth between $125,000 to $250,000; and
(e) $525 for an estate worth over $250,000.
*as of December 2022.

If a lawyer is retained, legal fees will be in addition to Court fees.

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Probate in British Columbia

In British Columbia, probate is also referred to as an “estate grant” or “representation grant”.

Is an estate grant required?

Generally, an estate grant is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the Court as having authority to act on behalf of an estate.

What are the exceptions where an estate grant is not required?

An estate grant is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Joint bank accounts between husband and wife or a parent and a minor child;
Registered government securities (under certain circumstances);
Registered savings plans with a named beneficiary;
Certain private company interests (e.g. where the deceased had multiple Wills);
Personal items;
Automobiles and other vehicles (under a certain value);
Bank accounts (under a certain value and depending on the bank’s policies);
Canada Pension Plan Survivor’s Benefits; and
Veteran’s pensions.

How do I obtain an estate grant?

Step 1

The first step is to determine the type of estate grant which needs to be requested from the Court.

Three main types of estate grants may be obtained:

If the will names a person to be the executor, that person should apply for a grant of probate.
If the will does not name anyone as executor or all persons named as executors are unable or unwilling to act or if the sole executor is a minor, it will be necessary to apply for a grant of administration with will annexed.
If the deceased died without a will, a potential trustee will need to obtain a grant of administration without will annexed.

Other types of grants may be sought for more complex situations. Such grants should be sought with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for an estate grant. A guide (PDF) to estate grant forms can be found on the Government of British Columbia website. The forms themselves are also available.

What is the cost of obtaining an estate grant of probate?

Whenever a grant of probate or administration is required, British Columbia charges a fee, called a “probate fee”, based on the value of estate assets at the date of the person’s death*:

$0 for the first $25,000 of the estate;
$6 for every $1,000 (or part of $1,000) between $25,000 and $50,000; and
Eg. If the estate is worth $35,100 the charge would be:
35,100 – 25,000 = 10,100
10,100 / 1,000 = 10.1 (11)
11*$6 = $66
$14 for every $1,000 (or part of $1,000) by which the gross value of the estate exceeds $50,000:
Ex. If the estate is worth $100,000 the charge would be:
$150 for the first $50,000 plus;
100,000 – 50,000 = 50,000
50,000 / 1,000 = 50
50*$14 = $700
$150 + $700 = $850

*valid as of December 2022.

Estates with a value of $25,000 or less will not have probate fees. For estates with a gross value of over $25,000, court filing fees of $200 will be charged in addition to any applicable probate fees. Other grants may have additional or alternative fees.

Where do I file an estate grant application?

Estate grant applications need to be filed at a British Columbia Supreme Court registry. The British Columbia Justice website contains a list of British Columbia Supreme Court registries (PDF).

Probate in Manitoba

Is a grant of probate required?

Generally, a grant of probate is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the court as having authority to act on behalf of an estate. There are some situations for which a grant of probate is not required, which are outlined below.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Joint Bank Accounts between husband and wife or parent and a minor child (although in some cases such accounts may be the property of the estate);
Canada Savings Bonds (under certain circumstances);
Registered savings plans with a named beneficiary;
Certain corporate securities;
Personal items;
Automobiles and other vehicles;
Canada Pension Plan Survivor’s Benefits; and
Veteran’s Pensions.

In cases where a deceased left a Secondary Will (usually, covering interests in a private corporation (shares, shareholder loans, etc.)) and a Primary Will (usually, covering all other estate assets) and in the absence of an objection or opposition by the Attorney General, courts in Manitoba have also permitted grants of probate, limited to the estate covered by the Primary Will. However, such a limited grant cannot be sought if the deceased only left one Will.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.
Three main types of grants may be obtained:

If the Will names a person to be the executor, that person should apply for grant of probate.
If the Will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with Will annexed.
If the deceased died without a Will, a potential trustee will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

Certain documents are required for each grant application. Court forms can be obtained from the following website: https://web2.gov.mb.ca/laws/rules/forms_e.php

Where do I file the grant application?

The grant application and other forms can be filed at any Judicial Centre of the Manitoba Court of King’s Bench, a list of which can be found https://www.manitobacourts.mb.ca/court-of-queens-bench/location-and-contact-info/

How much does it cost to obtain a grant of probate in Manitoba?

Probate Fees

Probate fees were eliminated in Manitoba as of November 6, 2020. Accordingly, requests for probate, administration, or resealing in Manitoba no longer require payment of a probate fee (previously, $70 for the first $10,000 of an estate, and $7 for every additional $1,000 or fraction thereof). The applicable legislation, now renamed The Court Services Fees Act (Manitoba), still maintains that the Court may charge a processing fee for such requests; however, the fee would need to be prescribed by regulation and is expected to be nominal.

Other Fees

Current fees for applications, etc. can be found by following this link: https://www.gov.mb.ca/justice/courts/fees.html

Probate in New Brunswick

The process of probate in New Brunswick is concluded by the Probate Court issuing what is known as “Letters Probate” or “Letters of Administration”.

Is probate required in New Brunswick?

In New Brunswick, probate of an estate is often required where the deceased owns an interest in real estate or land. In addition, it is generally required by financial institutions as proof that an individual (generally the executor) has been certified by a Court as having the authority to act on behalf of an estate. In addition to the foregoing most common reasons, there may be additional reasons particular to an estate that would require probate of that estate.

What are the exceptions where probate is not required?

In the Province of New Brunswick, probate may not be necessary if it is a very small estate or the estate is left entirely to the executor or the surviving spouse and it is unlikely to be challenged. Probate of an estate is not generally necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Jointly held bank or investment accounts (although in some cases such accounts are the property of the estate);
Canada Savings Bonds (under certain circumstances);
Tax free savings accounts with a named beneficiary
Registered savings plans with a named beneficiary (such as an RRSP or RRIF);
Certain corporate securities;
Personal items;
Automobiles and other vehicles;
Canada Pension Plan Survivor’s Benefits; and
Veteran’s pensions.

How do I obtain probate?

Step 1

The first step is to determine the type of estate grant which needs to be requested from the Court.

Three main types of estate grants may be obtained:

If the deceased died with a Will and it names a person to be the executor, that person should apply for letters probate of a Will.
If the deceased died with a Will and it does not name anyone as executor or the person named as executor is unable or unwilling to act as executor, it will be necessary to apply for letters of administration with Will annexed.
If the deceased died without a Will, the next of kin or a potential trustee will need to apply for letters of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms and accompanying documents together with the probate fee must be filed in order to apply for an estate grant. The designated forms can be found on the New Brunswick Probate Court website.

Where do I file the probate application?

The probate application should be filed at the New Brunswick Probate Court Location in the jurisdiction in which the deceased resided at the time of death or where the deceased’s property is located. A list of Court locations is available online.

How much does it cost to obtain probate in New Brunswick?

New Brunswick has both a probate tax and probate fees. All probate applications are subject to probate tax, but standard requests for probate are generally not subject to probate fees.

New Brunswick probate taxes are dependent on the value of the estate. As of December 2022, the amount of tax payable is as follows*:

Where the value of the estate:

(a)	does not exceed $5,000	$25.00
(b)	exceeds $5,000 but not $10,000	$50.00
(c)	exceeds $10,000 but not $15,000	$75.00
(d)	exceeds $15,000 but not $20,000	$100.00
(e)	exceeds $20,000	$5.00 per $1,000 or part of $1,000

^*valid as of December 2022.

There may be Court filing fees in addition to applicable probate tax. If a lawyer is retained, legal fees will be in addition to Court fees.

Estates valued at less than $3,000 may be administered by the Public Trustee without a Court appointment.

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Probate in Newfoundland and Labrador

The process of probate in Newfoundland and Labrador is concluded by the court issuing what is known as a grant of “letters of probate.”

Are letters of probate required?

Within Newfoundland and Labrador, letters of probate are required where the deceased owns an interest in real estate or land in their sole name when they die. In addition, letters of probate are generally required by financial institutions above a certain dollar amount (each financial institution sets this limit themselves). The letters of probate act as proof that an executor has been certified by the Court as having authority to act on behalf of an estate.

What are the exceptions where letters of probate are not required?

In the province of Newfoundland and Labrador, few items are exempt from probate. These items are generally limited to very small estates or estates left entirely to the executor that are unlikely to be challenged. That being said, letters of probate are not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Jointly held bank or investment accounts (although in some cases such accounts are the property of the estate);
Canada Savings Bonds (under certain circumstances);
Registered savings plans with a named beneficiary;
Certain corporate securities;
Personal items;
Veteran’s pensions.

How do I obtain letters of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.

Three main types of estate grants may be obtained:

If the Will names a person to be the executor, that person should apply for a grant of letters of probate.

If the Will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of letters of administration with Will annexed.

If the deceased died without a Will, a potential trustee will need to obtain a grant of letters of administration.

Other types of grants may be sought for more complex situations, including where an administrator of an estate dies or becomes incapable of continuing with his or her duties after a grant is made, but prior to the completion of the administration. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for an estate grant. The requisite forms can be found on the Supreme Court of Newfoundland & Labrador website.

Where do I file the probate application?

The probate application should be filed at any Newfoundland and Labrador Probate Office. A list of probate offices can be found online.

How much does it cost to obtain letters of probate in Newfoundland and Labrador?

The charges for obtaining letters pf probate in Newfoundland and Labrador are as follows^*:

$60 for the first $1,000 of the estate; and
$0.60 for every additional $100 over $1,000.

*valid as of December 2022.

Court filing fees will be charged in addition to any applicable probate fees. If a lawyer is retained, legal fees will be in addition to Court fees.

Is there anywhere else I can go for additional information?

The Public Legal Information Association of Newfoundland and Labrador provides additional resources for both executors and those looking for information following the loss of a friend or relation. These resources are provided through the Supreme Court of Newfoundland and Labrador online.

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Probate in Northwest Territories

The process of probate in the Northwest Territories is concluded by the court issuing what is known as a “grant of probate.”

Is a grant of probate required?

In the Northwest Territories, a grant of probate is required where the deceased owns real estate or land that is not jointly owned with someone else. In addition, a grant of probate is generally required by financial institutions as proof that an executor has been certified by the court as having authority to act on behalf of an estate.

Alternatively, if the estate is worth less than $35,000, an interested party may file for a court declaration that the estate is a “small estate.” If the court issues a declaration that an estate is a Small Estate, it can be administered without further probate measures.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Canada Savings Bonds (under certain circumstances);
Registered savings plans with a named beneficiary; and
Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.

Three main types of grants may be obtained:

If the Will names a person to be the executor, that person should apply for grant of probate.

If the Will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with Will annexed.

If the deceased died without a Will, a potential trustee will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for probate. The requisite forms can be found on the Northwest Territories Department of Justice website.

Where do I file the probate application?

The probate application should be filed with the Supreme Court of the Northwest Territories. Contact and location details for the court registries are provided online.

How much does it cost to obtain a grant of probate in the Northwest Territories?

Probate fees in the Northwest Territories are calculated based on the value of assets that are in the estate. The following is a table of applicable fees^*:

(a)	$10,000 or under	$30.00
(b)	More than $10,000 but not more than $25,000	$110.00
(c)	More than $25,000 but not more than $125,000	$215.00
(d)	More than $125,000 but not more than $250,000	$325.00
(e)	More than $250,000	$435.00

*valid as of December 2022. Source: https://www.justice.gov.nt.ca/en/files/legislation/seizures/seizures.r2.pdf

Court filing fees will be charged in addition to any applicable probate fees. Other grants may have additional or alternative fees.

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Probate in Nova Scotia

The process of probate in Nova Scotia begins with a Court issuing what is known as “a grant of probate” or simply a “grant”.

Is a grant of probate required?

In Nova Scotia, a grant of probate is required if the deceased owns an interest in real estate or land in their sole name when they die. In addition, a grant of probate is generally required by financial institutions holding assets in the name of the deceased above a certain dollar amount (each financial institution sets this limit themselves). The grant acts as proof that an executor has been certified by the court as having authority to act on behalf of an estate.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Jointly held bank or investment accounts (although in some cases such accounts are the property of the estate);
Canada Savings Bonds (under certain circumstances);
Tax free savings accounts with a named beneficiary
Registered savings plans with a named beneficiary (such as an RRSP or RRIF);
Certain corporate securities;
Personal items;
Automobiles and other vehicles;
Canada Pension Plan Survivor’s Benefits; and
Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of estate grant to be applied for from the Court.

Three main types of estate grants may be obtained:

If the Will names a person or trust company to be the executor, that person or trust company should apply for a grant of probate.
If the person named as executor in the Will is unable or unwilling to act, it will be necessary to apply for a grant of administration with Will annexed.
If the deceased died without a Will, someone eligible will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for probate. The requisite forms can be found at any Nova Scotia Probate Court administration office or online.

A probate tax will be applicable to any estate filed for probate, with the amount calculated based on the value of assets in the estate. The value of these assets and the amount of probate tax due must be calculated, and payment submitted when the application is filed with the Court.

Where do I file the application for a grant of probate?
The probate application should be filed at any Nova Scotia Probate Court administration office. A list of the locations is available online.

How much is probate tax in Nova Scotia?

The tax rates set out in the Nova Scotia Probate Act are as follows:

(i) in estates not exceeding $10,000 $85.60
(ii) in estates exceeding $10,000 but not exceeding $25,000 $215.20
(iii) in estates exceeding $25,000 but not exceeding $50,000 $358.15
(iv) in estates exceeding $50,000 but not exceeding $100,000 $1,002.65
(v) in estates exceeding $100,000 $1,002.65 + $16.95 for every $1,000 or portion thereof in excess of $100,000

*valid as of December 2022

Court filing fees will be charged in addition to any applicable probate tax. If a lawyer is retained, legal fees will be in addition to Court fees.

Where can I find more information on probate in Nova Scotia?

Additional resources such as probate checklists, guidance on forms and self-representation throughout the probate process is available on the Nova Scotia Probate Court website.

Probate in Nunavut

Probate in the Nunavut is also referred to as a grant of probate or simply a grant. The use of the term grant refers to the outcome of the process, i.e., the Court granting probate.

Is a grant of probate required?

In Nunavut, a grant of probate is required where the deceased owns real estate or land that is not jointly owned with someone else. In addition, a grant of probate is generally required by financial institutions as proof that an executor has been certified by the Court as having authority to act on behalf of an estate.

Alternatively, if the estate is worth less than $35,000, an interested party may file for a Court declaration that the estate is a “Small Estate.” If the Court issues a declaration that an estate is a Small Estate, it may be administered without further probate measures.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Canada Savings Bonds (under certain circumstances);
Registered savings plans with a named beneficiary; and
Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.

Three main types of grants may be obtained:

If the Will names a person to be the executor, that person should apply for grant of probate.
If the Will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with Will annexed.
If the deceased died without a Will, a potential trustee will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for probate. The requisite forms can be found online on the Nunavut Courts website.

Where do I file the grant application?

The grant application should be filed with the Nunavut Court Registry. Contact and location details are available online.

How much does it cost to obtain a grant of probate in Nunavut?

Probate fees in Nunavut depend on the value of assets that are in the estate. The following is a table of applicable fees^*:

(a)	$10,000 or under	$25.00
(b)	More than $10,000 but not more than $25,000	$100.00
(c)	More than $25,000 but not more than $125,000	$200.00
(d)	More than $125,000 but not more than $250,000	$300.00
(e)	More than $250,000	$400

*valid as of December 2022. Source: http://www.nunavutcourts.ca/probate-civil

Other grants may have additional or alternative fees.

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Probate in Ontario

In Ontario, the process of probating a Will is referred to as obtaining a Certificate of Appointment of Estate Trustee.

Is a Certificate of Appointment required?

Generally, a Certificate of Appointment is required by institutions such as banks or the Land Registry Office as proof that the executor has been certified by the Court as having authority to act on behalf of an estate.

What are the situations where a Certificate of Appointment is not required?

A Certificate of Appointment is not always necessary to transfer:

Real estate that is jointly owned;
Real estate that has a named beneficiary in the Will (under certain circumstances, such as real estate that is eligible for the “First Dealings Exemption”);
Insurance proceeds that are payable to a named beneficiary;
Joint bank accounts (although in some cases such accounts are the property of the estate);
Registered government securities (under certain circumstances);
Registered savings plans and Tax-Free Savings Accounts with a named beneficiary;
Private company interests (shares, shareholder loans, etc);
Personal items;
Automobiles and other vehicles;
Canada Pension Plan Survivor’s Benefits;
Veteran’s pensions.

It should be noted that if just one asset under a Will requires a Certificate of Appointment, the entire Will (and all of the assets dealt with under it) is dealt with under a Certificate of Appointment.

How do I obtain a Certificate of Appointment?

There are two types of applications for Certificate of Appointment:

(1) Certificate of Appointment of Estate Trustee With a Will:

If the Will names an executor who is willing to act as executor, the appointee will apply for a Certificate of Appointment of Estate Trustee with a Will.
If the Will does not name an executor or estate trustee, the potential trustee will still apply for a Certificate of Appointment of Estate Trustee with a Will, but there is a more complex process to determine who is entitled to be appointed (generally, this will be the spouse and/or next of kin).

(2) Certificate of Appointment of Estate Trustee Without a Will:

If the deceased died Without a Will, interested parties will need to obtain a Certificate of Appointment of Estate Trustee without a Will.
There is a relatively complex process to determine who is entitled to be appointed as executor (generally, this will be the spouse and/or next of kin).
The assets are divided in accordance with the intestacy rules contained in Part II of the Ontario Succession Law Reform Act, R.S.O 1990, c. S.26.

Should you choose to seek a Certificate of Appointment without professional assistance, you will need to complete and file the forms required for the Certificate of Appointment. However, it is strongly recommended that you obtain the assistance of a TEP in doing so.

All of the required forms must be completed in order to apply for a Certificate of Appointment. The requisite forms are available online.

How much does it cost to obtain a Certificate of Appointment in Ontario?

The charge for a Certificate of Appointment in Ontario is called “Estate Administration Tax.”

If the value of the estate is $50,000 or less, the estate is exempt from Estate Administration Tax. For estates valued over $50,000, the Estate Administration Tax is calculated as $15 for every $1,000 (or part thereof) of the value exceeding $50,000.*

*Valid as of December 2022.

Court filing fees will be charged in addition to any applicable probate fees. Other grants may have additional or alternative fees.

Is everything included in the Estate subject to the Estate Administration Tax?

No. The following assets are not included in the tax calculation:

Anything passing to a joint owner;
Insurance proceeds or pension plan proceeds that have a named beneficiary;
RRSP or RRIF proceeds that have a named beneficiary;
TFSAs that have a named beneficiary; and
Any real property owned outside Ontario (which may be subject to probate fees or tax in the jurisdiction in which the land is located).

Where do I file the application for a Certificate of Appointment?

Applications can be filed at the office of the Ontario Superior Court of Justice for the county or district in which the testator had a fixed address at the date of death. If the deceased had no fixed address, the application is to be filed in the country or district in which the deceased held property at the date of death. A full listing of locations for the office of the Ontario Superior Court of Justice is available online.

What Additional Filings are Required?

An estate trustee is required to complete and file an Estate Information return with the Ministry of Finance within 180 days of the court granting a Certificate of Appointment of Estate Trustee.

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Probate in Prince Edward Island

The process of probate on Prince Edward Island is concluded by the court issuing what is known as “letters probate”.

Are letters probate required?

On P.E.I., if the deceased owned no real property and finances are held in jointly named accounts, then letters probate may not be necessary. Please consult a TEP to determine whether this exception may apply to you.

What are the exceptions where probate is not required?

Probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Canada Savings Bonds (under certain circumstances);
Tax free savings accounts with a named beneficiary
Registered savings plans with a named beneficiary (such as an RRSP or RRIF);
Certain corporate securities;
Personal items;
Automobiles and other vehicles;
Canada Pension Plan Survivor’s Benefits; and
Veteran’s pensions.

How do I obtain letters probate?

Step 1

The first step is to determine the type of estate grant which needs to be requested from the Court.

Three main types of estate grants may be obtained:

If the will names a person to be the executor, that person should apply for letters probate.
If the will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with will annexed.
If the deceased died without a will, a potential trustee will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for probate. The requisite forms can be found online on the Supreme Court of Prince Edward Island website.

Where do I file the application?

An application for “letters probate” or a “grant of administration” should be filed with the Estates Section of the Supreme Court in Charlottetown.

What is the cost of probate in P.E.I.?

The cost of probate in P.E.I. depends on the “probate value” (those items in the will that require probate). The rates are as follows*:

On estates with a probate value up to $10,000	$50
$10,001 to $25,000	$100
$25,001 to $50,000	$200
$50,001 to $100,000	$400
exceeding $100,000	$400 plus an additional $4 for every $1,000 or part of $1,000 in excess of $100,000

*Rates valid as of December 2022

Court filing fees will be charged in addition to any applicable probate fees. If a lawyer is retained, legal fees will be in addition to Court fees.

Where can I find more information on probate on P.E.I.?

Additional resources are provided online by the Community Legal Information Association of Prince Edward Island.

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Probate in Québec

Probate in Québec is a legal procedure before the Superior Court or a Quebec Notary to verify if a holographic Will or a Will signed in the presence of two witnesses (even if prepared by a lawyer) is the Will of the deceased and respects the formalities of what constitutes a valid Will under Quebec Law. In Québec, only a Will executed before a Québec notary under notarial form en minute is exempt from probate and will allow the succession to be settled immediately. In all cases, Will searches must be obtained from the Chambre des notaires du Québec and the Barreau du Québec to establish that the Will is indeed the last Will of the deceased.

Do you have to have a lawyer or notary draft your will in Québec?

No. A holographic Will written entirely by the testator and signed by such individual without the use of any mechanical process is a valid Will.It is not subject to any other formal requirements.

What are the fees for probate in Quebec?

There are no probate fees in Québec (other than the minimal court fee for filing the probate application for a holographic or witness Will), unlike other provinces in Canada where probate fees are based on the value of the assets situated in such province.

How do I probate a Will in Québec?

A holographic Will or a Will signed in the presence of two witnesses can be verified before the Superior Court or a Quebec Notary. The probate procedure will usually cost much more than had the Will been originally been prepared by a Quebec Notary. It may also lead to significant delays in settling the succession.

What are my duties as a liquidator?

A liquidator is the person who is designated to settle a succession. The duties of a liquidator involve identifying and contacting the heirs, determining the assets and liabilities of the succession, providing the heirs with an inventory of the succession’s assets and liabilities, recovering any amounts owed to the succession, paying the succession’s debts, paying legacies by particular title, submitting an account to the heirs and distributing the residue of the succession.

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Probate in Saskatchewan

Probate in Saskatchewan is commonly referred to as a “letters probate”.

Is a grant of probate required?

Generally, a grant of probate is required by institutions such as banks or land transfer agencies as proof that the executor has been certified by the court as having authority to act on behalf of an estate. In some circumstances the grant of probate may not be required for the transfer of property.

What are exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Joint Bank Accounts between husband and wife or parent and a minor child(although in some cases such accounts may be the property of the estate);
Canada Savings Bonds (under certain circumstances);
Registered savings plans with a named beneficiary;
Certain corporate securities;
Personal items;
Automobiles and other vehicles;
Canada Pension Plan Survivor’s Benefits; and
Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.
Three main types of grants may be obtained:

If the Will names a person to be the executor, that person should apply for grant of probate.
If the Will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with Will annexed.
If the deceased died without a Will, a potential trustee will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for probate. The requisite forms can be found online.

Where do I file the grant application?

The grant application should be filed at any Judicial Centre of the Saskatchewan Court of King’s Bench. A list of Judicial Centres of the Saskatchewan Court of King’s Bench and Registrars can be found online.

How much does it cost to obtain a grant of probate in Saskatchewan?

Probate Fees

A fee based on the value of the estate is payable at the court house on an application for probate and all types of applications for administration (other than de bonis non).

The probate fee is $7 on every $1,000 of value passing through the estate.

Court Fees

A filing fee is payable to the Local Registrar on filing an application for probate and all types of applications for administration (including de bonis non).

The flat fee is $200, plus an additional fee of $25 for issuing a Certificate of No Infants when one is requested.

Legal Fees

If a lawyer is retained to assist with the administration of the estate, fees will be payable to that lawyer. The fees are set out in the Rules of Court, which state that for ‘core services’ described in Rule 16-58, a lawyer’s fee may be no more than:

$1,500 plus 1% of the first $500,000 of the value of the estate
3/4% on the next $500,000 of the value of the estate; and
1/2% on the remaining value of the estate.

A lawyer may charge additional fees for non-core services described in Rule 16-58 provided the lawyer, before being retained, advises the personal representative in writing of the lawyer’s method of billing based on the following methods: (a) a percentage of the estate; (b) at a specified hourly rate; (c) as a fixed fee, or d) a combination of (a), (b) or (c).

Source: https://sasklawcourts.ca/kings-bench/wills-and-estates/probating-an-estate/

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Probate in the Yukon

Probate in the Yukon is also referred to as a grant of probate or simply a grant. The use of the term grant refers to the outcome of the process; the court granting probate.

Is a grant of probate required?

A grant of probate is required by the Land Titles Office where the deceased owns real estate or land that is not jointly owned with someone else. In addition, a grant of probate is generally required by financial institutions as proof that an executor has been certified by the court as having authority to act on behalf of an estate.

What are the exceptions where a grant of probate is not required?

A grant of probate is not always necessary to transfer:

Real estate that is jointly owned;
Insurance proceeds that are payable to a named beneficiary;
Canada Savings Bonds (under certain circumstances);
Registered savings plans with a named beneficiary; and
Veteran’s pensions.

How do I obtain a grant of probate?

Step 1

The first step is to determine the type of grant which needs to be requested from the Court.

Three main types of grants may be obtained:

If the Will names a person to be the executor, that person should apply for grant of probate.
If the Will does not name anyone as executor or the person named as executor is unable or unwilling to act, it will be necessary to apply for a grant of administration with Will annexed.
If the deceased died without a Will, a potential trustee will need to obtain a grant of administration.

Other types of grants may be sought for more complex situations. Such grants should be pursued with legal assistance.

Step 2

All of the required forms must be filled out in order to apply for probate. The requisite forms can be found online on the Yukon Supreme Court website.

Additional guidance on navigating the estate process is provided online by the Yukon Office of the Public Guardian and Trustee.

Where do I file the grant application?

The grant application should be filed with the Supreme Court of Yukon. Contact and location details are available online.

How much does it cost to obtain a grant of probate in the Yukon?

As of December 2022, the Yukon charges a flat fee of $140 as a probate filing fee for estates valued over $25,000. Fees may be charged by the Court for estates valued at less than $25,000 or for providing copies of documents. Other grants may have additional or alternative fees.

For further information, or assistance with obtaining letters probate, please contact a TEP.

Digital assets: a guide

Posted on March 31, 2017January 10, 2020 By admin

A guide to what ‘digital assets’ are and what happens to them after you die or if you lose capacity

Who should I appoint as legal guardian for my children?

Posted on March 20, 2017April 17, 2023 By admin

A parent may appoint a guardian and custodian of their child in their Will, subject to Court approval for the remaining time where the child is a minor. The term ‘minor’ refers to a child who is under the age of majority, which is 18 or 19 depending on the jurisdiction in Canada1. When considering who to appoint as a legal guardian, it is important to understand the distinction between appointing someone to care for the child and appointing someone to deal with their property.

Caring for minor children

An individual who is appointed to care for a minor child has custody of a child and is tasked with the rights and responsibilities of a parent in respect of that child. The person with custody will generally make decisions regarding the child’s living arrangements, schooling, and if necessary, medical treatments.

The ability to appoint someone to take custody of children is subject to certain restrictions, which can include that:

The person naming a custodian must be the only person who is entitled to custody of that child. If someone else with legal custody of the child survives the first parent’s death (such as the child’s other parent) then the appointee will not acquire custody.
The appointee must consent to act as the child’s custodian.
In some jurisdictions, the appointment of a custodian is subject to approval by the Court.

When considering whether to grant an order for custody, the Court will consider the best interests of the child, including the child’s needs and circumstances and whether the person applying has any history of violence or abuse. The Court will also consider the views of the deceased custodian of the child as provided by their Will, but the Court has complete discretion to make the appropriate order and is not bound by the designation in the Will.

Dealing with your minor children’s property

The person appointed to care for your child generally has the right to deal with limited assets (in most cases up to $10,000.00, which, it should be noted is generally the maximum a parent may deal with absent a Court Order). In order to obtain the right to deal with additional assets, a Court Order giving the person the authority to manage the property must be obtained in most jurisdictions. This can be referred to as a guardianship of property or a trusteeship, depending on the jurisdiction.

Who should I appoint?

An individual has complete discretion over appointing a guardian. In most cases, the person caring for the child is either a close friend or family member. The following is a list of factors to consider:

Pre-existing relationship with the child
Location
Age
Health
Suitability

Ultimately, the individual appointed should be someone trusted with that child’s welfare.

For further information regarding guardianship for minor children, please consult a TEP.

1. The age of majority is 18 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon.

The risks of not making a will

Posted on March 15, 2017April 17, 2023 By admin

Making a will can seem like an unpleasant or dreary task to be put off indefinitely. However, there are serious implications for the loved ones of someone who dies intestate (without a will). This article highlights some of the consequences associated with not preparing a will.

1. Your estate will be distributed under the rules of intestacy

A person who dies without a will is considered to have died “intestate”. Legally speaking, an intestate person has left no instructions as to how they wish for their assets to be divided and distributed on their death. In such circumstances, provincial legislation governs how property will be distributed amongst surviving relatives. Typically, these rules indicate that if a married person dies, an initial lump sum amount will be left to their spouse, plus a portion of the residue of the estate (the amount depends on whether there are any children of the deceased). If there are children, the residue is divided proportionately between any children and the surviving spouse. Where there are no children or spouse, the estate generally goes to the next of kin.

2. There is no opportunity to appoint guardians for minor children

One of the most important aspects of a will is appointing a guardian to look after minor child in the event of an untimely death. In the event all of the legal guardians of a child pass away without leaving wills, a Court Order will be required to select a guardian for the child. In the absence of such an order, the applicable provincial government would become involved.

3. There is no named executor

An executor is typically named when a person prepares their will. An executor is someone who is trusted to administer the estate according to the deceased’s wishes. However, if there is no will, there is also no appointment of an executor. As such, someone must apply and be appointed to act as administrator of the estate, which may result in delay, expense and frustration for family, friends and loved ones.

Other potential implications of not creating a will include:

Stepchildren and, in some jurisdictions, unmarried partners will likely be discounted from the estate;
Families may face additional administrative burdens which add to suffering at an already difficult time;
Familial disputes may arise; and
Expensive legal action may be required to resolve complications.

There are many risks associated with not preparing a will. As such, it is crucial that everyone prepare a will, preferably with the assistance of an experienced professional who can ensure that it is done properly.

For further information or assistance with drafting a will, please consult a TEP.

What is a Henson trust?

How does a Henson trust work?

Where does a Henson trust work?

What is a “Qualified Disability Trust”?

Choosing a trustee

What is a Registered Disability Savings Plan?

What is a Lifetime Benefit Trust?

Preferred Beneficiary Election

I have been named in a Will as an executor. Do I have to accept?

What should I do next?

Satisfying debts and obligations of the deceased

How do I obtain a death certificate?

What if there is not enough money in the estate to cover funeral expenses?

Notifying beneficiaries named in the Will

Valuation of the estate

Do I have ongoing obligations? How long does this take?

Do I get paid as executor?

What is a liquidator?

1. Understand an executor’s duties

2. Locate important documents

3. Communicate

4. Carry out the Will as it is written

5. Pay debts and taxes before paying beneficiaries

6. Take your time – within reason

7. Maintain records

8. Seek professional advice

9. Delegate where appropriate

10. Protect yourself

Appointing a Guardian for your Minor Child

Choosing the Beneficiaries of your Will

Value your Assets

Specific Gifts

Appointing an Executor

Provincial law

Who are my dependants?

Avoiding disputes with your family

1. I don’t need a will because my partner will get everything.

2. Making a will is too expensive.

3. I don’t have the time.

4. I don’t have much to leave.

5. I’m too young, I don’t need to make a will.

If the deceased left a Will

If the deceased did not leave a valid Will

How does the Grant of Probate different than the Grant of Administration?

Do I need a lawyer to probate a Will?

Is it necessary to probate a Will?

Information on probate by province

Probate in Alberta

Probate in British Columbia

Probate in Manitoba

Probate in New Brunswick

Probate in Newfoundland and Labrador

Probate in Northwest Territories

Probate in Nova Scotia

Probate in Nunavut

Probate in Ontario

Probate in Prince Edward Island

Probate in Québec

Probate in Saskatchewan

Probate in the Yukon

1. Your estate will be distributed under the rules of intestacy

2. There is no opportunity to appoint guardians for minor children

3. There is no named executor

FIND A TEP