Proudly serving Northumberland residents

with competency, caring and compassion.

Phone

1 (905) 372-3395

An Estate Trustee will:

  • follow the instructions in your will;
  • make a list of and value all your assets;
  • apply to the Court for a Certificate of Appointment to administer your estate;
  • use funds from your estate to pay your debts;
  • finalize payment of income tax; and
  • distribute the rest of your property to the people or charities you named in your will.

 

Your estate trustee should be someone reliable and with some business sense. He or she may have to work with a lawyer, real estate agent and government officials to settle your estate. Your executor needs to be able to get information from professionals and make good decisions.

Your lawyer will tell you about various laws that may affect what you put in your will.For example, the Family Law Act says that your dependents – your spouse, children and perhaps your parents – may have a right to some financial support after you die. Your will cannot take away that right.

Your lawyer will provide advice if you are separated but not divorced or if you are living in a common-law relationship.

Your lawyer will provide information about taxes your estate will have to pay. As well, he or she will ensure that the value of your property is not reduced by family quarrels or taxes that could have been avoided with a will.

A lawyer will make sure your intentions are absolutely clear and that your will is signed and witnessed properly to meet the legal requirements.

If you die without a will, the law takes over and says exactly how the things you own (your estate) will be divided between your spouse and your children or in the event that you have no spouse or children, to your immediate family members. Your intentions, although perhaps known to your family, will matter little without a valid will. When you make a will, you can name:

  • the person(s) or charities to benefit from your estate;
  • an estate trustee(s) – to follow the instructions in your will and settle your estate;
  • a guardian – to look after your children if both you and your spouse die while your children are under 18 years of age.

Having a will means leaving instructions about your wishes so that your family will not have to worry about what to do. It may also save your family much heartache and extra costs trying to correct a small, but significant, oversight on your part.

How we will help

Our firm will assist an Estate Trustee with a will or without a will in the following matters:

  • Advising the trustee on all matters in connection with the administration of the estate and to offer guidance in making proper decisions;
  • Preparing the application to the court to confirm an Estate Trustee’s nomination where there is a will;
  • Preparing the application to the court for an appointment as Trustee of an estate without a will;
  • Preparing the advertisement for creditors;
  • Assisting the trustee in converting any assets that are to be sold or transferred by preparing any documents that might be required for this purpose, including agreements for purchase and sale of land, deeds, statements of adjustment, declarations of transmission, notarial copies of the Certificate of Appointment of Estate Trustee and the like;
  • Assisting the trustee in preparing accounts for review by the beneficiaries of the estate, and if necessary, for audit by a Superior Court of Justice Judge;
  • Preparing releases for signature by the beneficiaries of the estate when they receive their share of the estate releasing the trustee from any future liability;
  • Assisting the trustee in arranging for the preparation and filing of all necessary and required income tax returns and obtaining a Clearance Certificate from Canada Revenue Agency;
  • Representing the trustee in Court in contesting any invalid claims against the estate if this should occur;
  • Preparing any applications to the Court for advice in the administration of the estate if this becomes necessary.