Probate (Certificate of Appointment of Estate Trustee)
In Ontario, Probate is the formal court process that provides legal evidence of an executor’s authority to manage the deceased's assets. Many third parties (such as banks) require an executor to obtain Probate before he or she is able to deal with the assets of the estate that are held by that third party.
In Ontario, Probate is now called either a Certificate of Appointment of Estate Trustee with a Will or Certificate of Appointment of Estate Trustee Without a Will. For simplicity, "Probate" will refer to either of these.
Probate is not always required, and not all executors go through the Probate process. We will help you determine if Probate is required in your particular circumstance.
When a loved one passes away, legal and financial matters are the furthest thing from your mind. Unfortunately, for those of us that are left behind, there are many legal and financial matters requiring attention. We are here to help you navigate the complex matters of administering an estate.
As an Estate Trustee (aka Executor), you are obligated to distribute the deceased's estate properly. This can be either in accordance with the terms of a Will or if no Will, in accordance with intestacy laws. Winding up an estate can be a daunting task. We can assist you through the estate administration process in an efficient and cost-effective manner.
We will guide you through:
Probating the Will, and obtaining the appointment of Estate Trustee, or Administrator if there is no Will
Post-mortem tax planning to maximize the deductions available to the estate
Ensuring that the required Government returns, including Income Tax and Estate Returns are completed properly
Distributing assets and funding trusts
Closing the Estate and passing accounts
Finalizing any property transfers
The majority of the population over age 18 should have a Will, but there are also reasons to update your Will; these include but are not limited to:
Buying your first home
An addition to the family
Marriage (Voids the current Will unless made in contemplation of that marriage)
Having a valid Will in place helps ensure your assets are distributed according to your wishes. A Will should be reviewed on a regular basis to make sure it continues to reflect your wishes.
Powers of Attorney
A Power of Attorney provides piece of mind knowing that if you are unable to make important decisions while you are alive, your appointed Attorney will be able to make these decisions on your behalf, such as handling your financial affairs or taking responsibility for your medical care.
Real Estate Purchase
Whether you are buying a condo, detached, semidetached or townhouse, we are here to help you with the most important purchase of your life. Once we receive your Agreement of Purchase and Sale, we will walk you through every step of the purchase transaction.
We also help with purchases of commercial property such as apartment buildings, shopping centers and more.
Real Estate Sale
Whether you are selling a condo, detached, semidetached or townhouse, we are here to help you. Once we receive the Agreement of Purchase and Sale, we will walk you through every step of the sale transaction.
We can also help with the purchase or sale of commercial properties such as apartment buildings, shopping centers and more.
Real Estate Refinance
Whether you are refinancing to consolidate debt or your current mortgage has matured, we are here to help you.
In addition to conventional mortgages, we also assist in private mortgage lending. Whether you are a lender that is lending money secured by real estate or a borrower that requires a loan secured by real estate, we would be pleased to put our experience to work for you.