The following links are those that I think you'll find interesting and useful as you research further into your legal questions:
Butler Wills and Estates Consulting Services (Lynne's webpage)
Advocacy Centre for the Elderly
Alberta Land Titles Procedure Manual and precedents
Alberta Personal Directives Registry
Alberta Probate Kit
Alzheimer Society of Canada
BC Coalition to Eliminate Abuse of Seniors
BC Land Title Information
BC - Personal Planning Resource Centre and Registry
BC Probate forms
BC wills registry
CANlii (free legal research site)
Canada Revenue Agency - how to get a Clearance Certificate
Canada Revenue Agency - what to do when someone has died
Canadian Donor's Guide - list of all registered charities in Canada
Canadian Network for the Prevention of Elder Abuse
Death certificate - all provinces and territories
Driving - is it time for a senior you know to stop driving?
Executor's compensation rules
HeirSearch
Lynne's books
Lynne's Facebook page
Lynne's LinkedIn profile
Lynne's online seminars
Manitoba Community Legal Education
National Initiative for Care of the Elderly (NICE)
New Brunswick Public Legal Education and Information Service
Newfoundland Law Books
Newfoundland and Labrador Network for the Prevention of Elder Abuse
Newfoundland and Labrador Public Legal Education
Newfoundland Registry of Deeds fee schedule
Newfoundland and Labrador Seniors' Resource Centre
Ontario Community Legal Education
Ontario Estate Information return - form
Ontario Estate Information return - guide to completing the form
Ontario land titles forms
Ontario Power of Attorney Information and Kit
Ontario probate forms, fillable online
Ontario Probate Kit
Quebec common law rights
PEI Public Legal Information Association
PEI Registry of Deeds
Probate forms - Nova Scotia (downloadable - includes form for release)
Probate forms - PEI
Probate Records Search - Alberta
Probate Records Search - British Columbia
Probate Records Search - Manitoba
Probate Records Search - New Brunswick
Probate Records Search - Newfoundland and Labrador
Probate Records Search - Northwest Territories
Probate Records Search - Ontario
Probate Records Search - Saskatchewan
Saskatchewan land titles manual
Saskatchewan Public Legal Education Association
Self-Counsel Press
Yukon estate administration guides and forms
Yukon Land Titles Forms
Help please, what documents do beneficiaries get when the estate is done. Do they get only the financial papers or a copy of every thing in the admin file?
ReplyDeleteHi Val,
DeleteIt would be very unusual for a beneficiary to get a copy of everything in the executor's file. At the end of the estate, a residuary beneficiary receives the financial accounting and a release.
During the course of the estate, hopefully very early on, the residuary beneficiaries should have received a copy of the application for probate, which includes a copy of the will and a copy of the estate inventory.
If the residuary beneficiaries need more information to back up the financial accounting, they can certainly ask to see anything in the executor's file, none of which is secret in any way. For example, sometimes beneficiaries want to see appraisals on the house, tax returns, or statements showing how much interest was earned on investments.
Beneficiaries who are not residuary beneficiaries don't get anything.
Lynne
Hi Lynn,
DeleteWhat step can myself and my siblings take (we are issues) if we are not satisfied with the Estate statement?
We have legally requested financial statements and accounting and have not received, so we will not sign release.
Is there a form from the manitoba court of Queen’s Bench that we can fillout, so the court order's the executor to follow through on our request?
Thanks,
Teresa
Hi Lynn,
DeleteWhat step can myself and my siblings take (we are issues) if we are not satisfied with the Estate statement?
We have legally requested financial statements and accounting and have not received, so we will not sign release.
Is there a form from the manitoba court of Queen’s Bench that we can fillout, so the court order's the executor to follow through on our request?
Thanks,
Teresa
I wish it were as simple as filling in a form. The step you want to take is to compel the executor to pass his accounts in the court. I strongly recommend using a lawyer for this, as the paperwork can be complex. The basic concept of the application is to make the executor get in front of the judge and explain his transactions. The judge can approve or not approve. If he does not approve, the judge can impose certain things on the executor, such as time limits to do things, or ordering that he is to go without executor compensation. Another important point that the lawyer will cover is who is going to pay the legal fees for the application. If the executor's accounting doesn't meet with approval and it can be shown that you wouldn't have had to go to court without his lack of cooperation, then the judge can order that the executor pay the fees personally. Always keep in mind though that the executor gets to tell his side of the story too, and his view of you may not be as favourable as you hope.
DeleteLynne
Hi, do you know where I can obtain a sample financial accounting and a sample release for the residuary beneficiaries?
ReplyDeleteCheck out my book called Alberta Probate Kit, even if you are not in Alberta, because it includes all the forms an executor may use to prepare an accounting in any province.
DeleteThere is no one form of release that is acceptable in all provinces. Each has its own form.
Lynne
It's been more then a year since the will has gone through. But last year after the will went thro . My mom who was the excutor of the will also came to me (as we were still living together) said your Nana made a second will but it wasn't sign before she passed away in that will it said my mom got the house . As the will that went thro said the house was to be split 60-40 between us . So she threaten me with our relationship say if I wasn't to sign over the house to her we would no longer have the relationship. As I was addicted to drugs(opiates) at the time and thought to this day I would still have a relationship with my mother . I went to the lawyer sign this one piece of paper saying I sign over the house . 3 months later she kicks me out . And today she turns around and is selling that house . Also in the will it mean 60 - 40 was to be divided of the estate . I'm pretty sure that how it was read but I was never given a copy of the will or anything I found it laying around in my mom stuff . But as I was only given rrsp and that's it everything else my mom kept the car , any possessions my Nana had everything all I was given was the rrsp . I really don't know if there is anything I can do . I feel like I was screwed over . I know it's been awhile but I didn't realize all this as I was a drug addict at the time until 6 months ago . Now I'm clean and everyone is bring the will and that up and I really would like to know if I was screwed over but then I feel it's been to long since everything went through. I hope it makes sense to you ..
ReplyDeleteIt's interesting that no one has commented. Assuming your account (story) is accurate then I would say'perhaps you got screwed' no less, by your mother.
ReplyDeleteI am sure there is a lot more to this story,
I'm lost. My father is a Canadian citizen but lives in Germany. He has money in a bank account in Alberta. He is now 91 and very confused. Ideally I would like to access his money now to pay for care home fees. Assuming he passes away before the money is gone, do I have to get probate in Alberta? Would that mean visiting Canada to do so (I'm in the UK). There's not much money and I would rather not see it wasted.
ReplyDeleteYou would have to obtain paperwork in Alberta in order to have the funds released to you, but I don't think that you would have to travel to Canada. You would be able to hire a lawyer in Alberta to act as your agent to take care of the paperwork and the legwork for you.
DeleteThe reason I've said "paperwork" and not "probate" is that there is a possibility that the bank will release the funds using an indemnity form rather than going through probate. You cannot force them to do so, but if they are willing, this can save a lot of time and money. They are open to using this system when the asset they hold is the only one in the estate, and it's not very large. They sometimes do this really as a customer service so that they don't deplete a small account in legal and court fees. If you hire an Alberta lawyer who works in estates, he or she should be familiar with the process and know how to ask for it.
I practiced law in Edmonton, Alberta for years so if it's in that part of the province, I can give you a few names to try.
Lynne
My mother had a small mortgage portfolio that totaled around 300.000 dollars. The notes were held through my brothers mortgage company. She acted as the lender to these people. She has passed away and monthly payments still come in toward repayment of those mortgage loans. My mothers will named all 3 of us children as executors. My brother refuses to talk about the money still coming in on the notes my mother held and acts as if they are not part of the estate because his company drew up the paperwork. The will states that the mortgages are to be divided between us but he is only quoting amounts at the time of her death and not whats coming in or interest. Is there any way I can force my brother to sell the contents of the mortgage portfolio to another mortgage company so my moms estate can be settled?
ReplyDeleteYes, I think you probably could force him by taking him to court. The basis for your application would be that he is an executor who is a) not sharing information with other executors, and b) he is holding up the estate so that it cannot be distributed. I would suggest that you use a lawyer for this, because there really are a lot of things that a judge could order in this case, and you want to be prepared for any of them. For example, the judge may decline to order your brother to sell the portfolio, but might order him to divulge the information by a certain date or to take other steps.
DeleteLynne
My mother passed away 27 years ago. Assets consisted of family home, and small bank account.
ReplyDeleteThe named trustees are two of her 19 adult children.
The will states that the family home is for use of the 19 children, and that if/when trustees decide to sell the Home, the monies are to be distrubuted equally amongst the 19 children.
One of the trustees has lived in the home for 27 years without paying rent, and doing no maintenance on the property. Trustees have not provided an accounting of funds in bank account.
Since the death of my mother in 1989 (27 years ago),
two of the 19 children have died.
If/when the trustees decide to sell the family home, what are tax implications for the estate? Are there any tax implications for the beneficaries?
Thank you for your time
where can i get an NC2 form editable form, I have all the forms however my NC2 is not editable. I do not ean to buy book or kits, i already have teh QP version and surrogte rules - Thanks
ReplyDeleteI don't know of an online, editable NC2.
DeleteLynne
I am an adult living with my mother who is now in the hospital terminally ill. I have always lived with her. I am co-executor of her will with one of my sisters. There are six children all together, and the estate is to be divided equally among us. Is there a way I can retain the house, or do we have to sell it and divide the amount? If selling is definite, is there a way to deduct my share as a down payment to buy out the others?
ReplyDeleteHi Sandra,
DeleteYou don't necessarily have to sell the house to a stranger. The house can be sold to you, using your share of the estate as your down payment. If your share of the estate is not enough to cover the entire value of the house, you'd have to come up with the rest of the money yourself to pay out your siblings.
Just so you know, if you do buy the house from the estate, you are NOT buying the contents of the house. Those would still have to be divided as they are not part of the house.
Lynne
I have a friend who passed away. She had declared bankruptcy six months prior to this. In 2007 she had taken out an insurance policy to cover funeral expenses, can this cheque be used to cover funeral expenses or is it taken by the bankruptcy company to cover her debts from bankruptcy?
DeleteHi Lynn,
ReplyDeleteMy father just died and didn't leave a Will. His common law wife is already making decisions on how his estate should be used ( his estate mainly consists of their family home and savings). I had assumed everything went to my Dad's common law wife, but on further research it seems like I may have rights as well. Do you have insights on that issue?
There are a few things to take into account. Anything he owned jointly with his CL will go to her by right of survivorship.
DeleteIf he owned things such as life insurance or RRSPs, they will go to the person he named at the time he bought them. If he had a pension, most likely his CL would be the beneficiary.
The reason I mention those things first is that you could only have rights to assets that are in the estate. The things I mentioned above are NOT in the estate. So, a lot will depend on whether the house was jointly owned and whether their savings account was jointly owned. Things that WILL be in the estate might include accounts or investments in his name only, life insurance that is payable to the estate, his vehicle (and things like boats, trailers, snowmobiles), and his personal goods. If he owned a business, his shares of the business would be in the estate.
That's the first major consideration. The next thing to factor in is which province he lived in. Where there are assets that are not jointly owned, the province sets the rules about whether the CL spouse has any inheritance rights or any special rights to the family home.
So, it's possible that you have rights but the answer will depend on the facts of your father's case.
Lynne
Hey Lynne
ReplyDeleteI am in a Paralegal course, and we have come up with one of those "catch 22's" in the Will and Successions Act in Alberta.
In s. 23(2) it states that the will is no longer revoked if the marriage occurs after Feb. 2012. What about before 2012?
And is this moot because of s. 25(1) which states that if a divorce is to occur after 2012, than it is as if the ex partner has predeceased the testator, and the gifts become part of the residue and named positions just cease to matter. Does this section override the revocation of the will from s. 23(2) and render the will the same as it was before marriage?
Or does s. 23(2) act first, revoke the will because the marriage occurred before 2012, and rendering s. 25(1) useless as the will has been previously revoked?
Do you know if there has been a ruling on this? Or possibly a case that can be reviewed? The law teacher and I have reviewed Canlii but haven't found one.
Do you have an opinion on this?
Thanks
Betsy
Hello Lynn -
ReplyDeleteI am involved in a seemingly unusual situation and am seeking advice.
I was named as the alternate executor of my mother's will. My father was the acting executor but passed away a few months after my mother. One of my brothers is executing my father's estate and has taken over the estate of my mother as well. He has hired an estate lawyer and has the full money of both estates behind him. I paid out of pocket to have a lawyer write a letter on my behalf demanding the will and all documentation pertaining to my mother's estate be sent to me as executrix but this was met with non compliance. The lawyer hired by my brother warned me that if I take any action on behalf of my mother's estate I could be in violation of the law and held liable. Essentially, I am being prevented from assuming my role as executrix of my mother's estate and am left feeling powerless. The lawyer keeping me at bay is, ironically, the lawyer that my mother hired to make her will.
Do I have any rights here?
Thank you -
Colleen
What province are you in, Colleen?
DeleteLynne
Hi Lynne, My 94 yr old father recently passed away. He named our step-mother as executor. She has had a very contentious relationship with us (3 daughters) over the 25 years they were married. The primary will has 4 equal residual beneficiaries - 3 daughters and Dad's wife/executor. There is also a second will covering assets excluded from the first will. The executor has filed for probate in Ontario and the 3 daughters received that notice along with a copy of the primary will. We have not received anything pertaining to the values in the estate so we don't know what is potentially there to be divided. Can we request this information or is it available through the Ontario court. We do not anticipate much co-operation from our step-mother/executor. Additionally, although we have made several requests through a lawyer we have hired, the executor has failed to provide us with a copy of the second will even though they have confirmed we are also beneficiaries of that will. Do you have any suggestions for this type of situation.
ReplyDeleteThanks,
Willow