You may have been given the responsibility of administering the estate of a loved one under a Will or you may wish to administer the estate of a loved one who died without a Will. In either case, you are or will be the “Personal Representative” or “Administrator” of the loved one’s estate. This role involves significant and time-consuming duties which includes gathering the assets of the deceased and protecting them until they can be distributed to the beneficiaries. It is always difficult to deal with someone else’s assets, especially when grieving the loss of the loved one. We will assist you in obtaining a Grant of Probate or Grant of Administration for the estate. We have abundant experience in estate administration and are able to offer a seamless and timely Probate service to our clients.

Probate

Estate Litigation

Sometimes, a Will is not clear as to what beneficiaries are to receive, or there are people who believe that they have been wrongly left out of a Will. Estate Litigation requires a specialized knowledge of the law when dealing with such issues as testamentary capacity, claims by spouses and dependents, and in situations where there was no Will. We will assist you in making or defending a claim against an estate.

Estate Planning

It may be that you have a blended family or perhaps you wish to pass your assets on to your grandchildren rather than your children. It may be that you do not have children or simply wish to leave your estate elsewhere. It may be that you are involved in a new common-law relationship but still wish to ensure that the majority of your assets pass to your children. In these and other situations, you need to understand the implications of your wishes as well as the best means to ensure they are implemented. Often, there are tax implications that need to be considered as well. We call this Estate Planning. We will assist you to ensure that whatever your circumstances, your wishes for your estate will be carried out appropriately after your death. We will assist with estate freezes, trust and tax planning, charitable donations, guardianship of children, planning for disabled children, as appropriate for your situation. We will provide, as necessary, Pre-Marital or Co-Habitation Agreements, Separation Agreements, handle uncontested divorces, all in a manner that helps ensure that your assets are protected.

Wills, Personal Directives, Enduring Powers of Attorney

Everyone should have a Will, even if you do not think you have assets that justify having one. Not only is important that you make your ultimate wishes known, but you may not think about creating or updating a Will before it is needed.

Personal Directives and Enduring Powers of Attorney are documents that are drafted before they are needed, which occurs in a situation where one has lost the capacity to make their own decisions regarding their health or assets. It is important to select individuals whom you trust to make these decisions and to ensure they have legally-binding instructions so that the decisions made are consistent with your wishes.