Estate Law
“You’ve worked hard all your life to provide the very best for your family, protect the ones you love, Make A Will.”
Estate Planning/Administration
We understand that this is not an easy topic to discuss or plan, but it is a very important
one. Whether it is planning the distribution of your estate or the administration of an
estate, both processes can be very time consuming and overwhelming. We take the
time to listen and understand your situation with care and patience. We advise you
accordingly and guide you appropriately, in a professional manner.
Some people believe that estate planning should only occur for individuals who have
accumulated substantial wealth during their lifetime. Not true! We highly recommend
that everyone plan their estate during their lifetime in order to protect their loved ones
and their assets in the event of death. With proper estate planning, you control who
receives your property, appoint the guardian of your children and choose who settles
your affairs. Wills should be updated as circumstances in your life change, such as the
birth of a child, a death in the family, marriages, divorces and property acquisition. Your
Will should be reviewed regularly to make sure it continues to reflect your wishes. If
you die without a Will, your estate will be administered pursuant to provincial laws and
your beneficiaries may be subjected to unnecessary costs and delays.
A Power of Attorney is protection for you in the event that you become either physically or mentally incapable during your lifetime. With Powers of Attorney in place, you are able to appoint someone you trust to make financial and/or medical decisions for you, in the event you are unable to do so yourself.
Elizabeth has practised in the area of Wills and Estates since 1996 and she has
substantial experience in drafting all forms of Wills and Trusts, Powers of Attorney
(Property/Personal Care) and Supplementary/Corporate Wills.
We provide Estate Trustees (Executors) with legal advice and assistance in order that
they may carry out their responsibilities in the settling of an Estate. Estate Trustees
have a legal obligation to act in the best interest of the estate and in accordance with
the wishes of the deceased. Administering an estate can be more complex than people
imagine. It involves not only the distribution of the assets but also review and
interpretation of the Will, identifying and communicating with beneficiaries, obtaining
probate, identifying assets, dealing with bank accounts, insurance policies and
investments, filing necessary tax and/or trust returns, preparing estate accounting, and
distribution and release.
Elizabeth is a compassionate lawyer you can trust to guide you through the process in a
timely manner.
Estate Litigation
After the death of a loved one, beneficiaries and family members may dispute the terms
of a Will and/or the validity of a Will. This may include who was left out of the Will and/or
what assets do/do not form part of the estate. One of the most common issues facing
beneficiaries is whether certain assets, left outside of the Will (ie joint ownership) should
in fact form part of the estate. Individuals may choose to leave an asset (ie joint bank
accounts) outside the Will and entrust another person to distribute it as they wished
following their death. When death occurs, however, the person who has the asset may
claim it was not, in fact, held in trust and was actually a gift for his or her sole use.
Understanding a testator’s intention in regards to property outside of the Will is
important to determine its status.
It is important to have an experienced and trustworthy lawyer during these difficult times.
