When someone dies, there is a need to transfer the assets of that person, both property and cash, to the beneficiaries as set out in the Will, or as required by law if there is no Will. This can lead to many questions and disputes can easily arise.
We are experienced in handling deceased, both where there is a Will and where there is no Will left by the deceased.
Where assets need to be transferred where there is a Will, in most circumstances it will require a Grant of Probate to be obtained by the executor/s named in the Will. A Grant of Probate is an order of the Probate Section, of the Supreme Court that the Will is a Valid Will, and that the appointment of the Executor/s is valid. Until a Grant of Probate has been obtained an executor does not have the power to deal with the assets. Banks in most instances will not release funds without a Grant of Probate, and Land Titles Office will not accept any dealing where the owners has died unless a Grant of Probate has been obtained.
If a person dies without having left a valid Will then someone with a relevant in interest in the estate will need to apply for a Grant of Letters of Administration, in lieu of Probate.
We are experienced in dealing with the complexities of estates, and proceed with the estate and winding up efficiently and without delay. We will advise you of any possible reasons for delay and keep you informed of all steps along the way.