October 4, 2016

Wills & Estates


    It is important to plan in the event of one’s passing in order to adequately provide for their loved ones and in the case of parents with young children to ensure that they have a guardian who will take care of them if something happens to them. If there is no will upon the death of an individual then the law of intestate will determine how their estate is distributed. The Ministry of Children and Family Development will determine who their children will be given to.

    It is important to consult a lawyer in order to determine who the beneficiaries in the will is and how to avoid litigation over the will when it comes into effect.


    After a person passes away the executor stipulated in the will must apply to the court in order to probate the will.  The executor will be responsible to account for all of the property that the individual has at the end of their life and pay all the liabilities with their property to any creditors that exist. After the money has been paid to the creditors the residue is to be distributed as per the will to the beneficiaries. This can be a difficult process if there are numerous investments and properties that must be liquidated and distributed. It is often effective to have a lawyer who has experience in distributing the property.


    Estate litigation is a civil action in which an individual who has been diminished in the will or who has been excluded from the will entirely seeks a court ordered redistribution the will through the court. The Wills Estates Succession Act allows spouses and children who have been excluded from a will to seek a variation of the will.

    It is important to speak to a lawyer about your entitlement if you have been excluded from the will.