Wills and Estate Lawyers in Mississauga

Probate is the legal process to validate a will. Courts are involved in examining the authenticity of a will and giving final approval to the executor named. This process also involves having the property appraised, paying debts and taxes, and finally distributing the remaining property as the will (or law, if there is no will) dictates.

Estate administration includes the responsibilities of managing and settling an estate after someone dies. It does not matter whether there is a valid will or not. Collecting and managing the estate’s assets, paying off debts and taxes, and distributing the remaining assets to heirs or beneficiaries are some of the tasks that falls within estate administration.

The key difference is that probate is a court-supervised procedure, mainly focusing on validating the will, whereas estate administration is the actual management and settlement of the estate’s affairs, including but not limited to the probate process.

A will can be contested on various grounds. Reasons like a will being made under the undue influence or coercion, a testator (the person who made the will) lacking the mental capacity to understand the consequences of the will at the time of its creation, or that the will was improperly executed, failing to meet the formal requirements set by provincial laws are some of the common grounds to contest a will. Further, a will can also be contested if a newer will is discovered, superseding the old one.
To challenge a will, an interested party, typically a family member or beneficiary, must file a contest in the probate court. One must take this legal action soon after the will is submitted to the court for probate. This is because the statutes of limitation may apply. The court will then examine the evidence presented and decide whether the will is valid or if any adjustments are necessary.

If a person dies intestate (without a will), their estate is distributed according to the specific wills and estate laws of the province or territory in which they lived. Generally, the estate is divided among the surviving spouse and children, but if there are no direct lineage, other relatives may inherit under the law.

A trustee is legally required to manage the trust as per the terms laid out by the grantor and must act in the best interests of the beneficiaries. This includes investment of trust assets, regular accounting and reporting to beneficiaries, and avoiding conflicts of interest.

A will cannot be altered after death; however, beneficiaries may agree to vary their titles through a process known as a variation of trust. All involved beneficiaries must consent, and the variation must not violate any existing legal rights or obligations, such as creditor claims or spousal support.