Wills, Estate & Succession Law

Last Will and Testament & Mandates in case of Incapacity

If you need advice about how to prepare a Last Will and Testament, we can help advise you.

If you need advice about how to prepare a Mandate in case of Incapacity (sometimes referred to as a “living will”) we can help too.

Question that we can help you answer may include:

  • What happens if I die without a Will?

  • Are there any formalities to leaving a Will?

  • Do I have to leave everything to my spouse or kids?

  • Is my common law partner protected if I don’t have a Will?

  • Who can I name to be my Liquidator (Executor)?

  • What happens to my kids when I pass away?

  • Who will make decisions for me if I am incapacitated?

The Role of Liquidator (Executor)

If you just found out that you have been named as Liquidator (Executor) in the Will of someone who died, we can help advise you.

Questions that we can help you answer may include:

  • What’s the difference between a Liquidator and an Executor?

  • What are my responsibilities as Liquidator?

  • Can I be sued as a Liquidator?

  • What are the first steps that I have to take?

  • Do I need a death certificate?

  • What happens with bank accounts and insurance policies?

  • Do I have to open an special bank account?

  • What happens with the debts and taxes?

  • When can I distribute to the heirs?

  • Do I even have to accept to be a Liquidator?

Heirs & Legatees

If you just found out that you have been named in a Will as an Heir, Legatee by particular title or Universal Legatee, we can help.

Question that we can help you answer may include:

  • As an heir or legatee, am I responsible for the debts of the Estate?

  • Do I have to accept my part of an Estate?

  • How long does Liquidation of an Estate usually take?

  • Am I entitled to know what is happening with the Estate as it is being liquidated or do I have the right to see documents to check that it is being done correctly?

  • When can I get my money?

  • Can I get what is due to me even before the Estate has been Liquidated?

  • What is the difference between a Legatee by particular title and a Universal Legatee?

  • Is there an Estate or Death tax in Canada that I would have to pay on money I get from an Estate?

Estate (Succession) Litigation Services

Sometimes things do not go smoothly in the Liquidation of an Estate and you may need to know your rights so that you can take action.

If you a Liquidator, sometimes you could be sued by a co-liquidator or by an heir, legatee or even someone who is upset that they were left out of a Will.

Questions that we can help you answer may include:

  • What do I do if I receive a demand letters?

  • What do I do if I have been sued as a Liquidator?

  • What happens if I think a Will is illegitimate or if i think there was any foul play or pressure exerted by someone on the deceased?

  • Is a Will always valid?

  • What happens if I think someone was forced to make a Will to favour one person over another?

  • What happens if a Will was suddenly changed, weeks, days or even hours before the deceased passed away?

  • Can I contest a Will?

Book your consultation today to get answers to the above and other questions you may have: