When hiring an estates lawyer in Toronto, you probably have a goal in mind. It may relate to dealing with an estate, challenging a will, or getting the legal authority to act as executor. We can help. Call us to determine the legal steps you must take to achieve your objective in estates litigation, probate, or administration.
To challenge a will, you need to file a lawsuit in the Superior Court of Justice for Ontario. This court handles matters related to the administration of estates. The specific legal steps for challenging a will vary depending circumstances of the case.
An estate executor has many duties. In Ontario, several words describe this role, including Executrix, or Estate Trustee. Simply put: the executor carries out the wishes of the deceased and winds up the estate according to the will and any applicable laws.
The word “intestate” means a situation where someone has died without a will. In Ontario, Part II of the Succession Law Reform Act determines the distribution of your assets and sets out the laws of intestacy.
“Letters of Probate” means a legal document issued by a court that proves the validity of a will. it also appoints an executor (often a person named in the will). The Government of Ontario now calls Letters of Probate a “Certificate of Appointment of Estate Trustee (with a will).” The two terms mean the same thing. The Government simply changed the name of “letters of probate” to do away with the Latin term “probate” (which means to “test or prove”).