COMMONLY ASKED QUESTIONS BY POTENTIAL CLIENTS REGARDING ESTATES AND WILLS

Oct 3, 2025

As the first point of contact for our firm, I receive numerous calls from potential clients seeking legal advice and assistance with respect to estates and wills.

The following are three commonly asked questions and answers to these questions:

1. Probate

Q: I am named as the executor and estate trustee in a Will. I am at a loss. Where do I start?

A: Reaching out for legal advice is the first step, which you have taken.

As an executor and estate trustee, you may have to probate the Will and obtain a Certificate of Appointment of Estate Trustee (CAET).

In a case where the deceased died intestate (without a Will), before you start an application for probate it is recommended that you check whether anyone else has already started a court application or has been issued a certificate. This can avoid an objection to your application.

It is also important to know the value of the estate and what makes up the estate, for example, real estate and personal assets.

You can apply for a Small Estate Certificate if the estate is valued at up to $150,000. If the estate is valued at more than $150,000, generally, you should apply for a Certificate of Appointment of Estate Trustee.

When applying for the CAET, you will need to supply the court with the following original documents:

  1. Probate Application for a Certificate
  2. Request to File an Application for a Certificate
  3. Draft Certificate
  4. Last Will and Testament of the deceased (if available) and Affidavit of Execution
  5. Original or notarized copy of the Proof of Death Certificate for the deceased
  6. Cheque for estate administration tax (also known as probate tax)

Within 180 calendar days of receiving the CAET, you must file an Estate Information Return (EIR), which lists the value of the deceased’s assets at the time of death with the Ministry of Finance.

(For further information on how to obtain assets from financial institutions, please see our blog of July 18, 2025 by Olesya Johnson).

 

2. Joint Accounts

Q: I held joint accounts with the deceased and the bank is asking for a probate certificate before they can release the money. Why?

A: Some joint accounts may or may not fall within the value of the estate.

A joint account with right of survivorship is an account held by two or more people where the surviving account holder(s) receive the funds upon the deceased’s death and generally does not need to go through probate.

In the case of joint spousal accounts, they typically fall outside the estate by right of survivorship.

However, in the case of joint accounts between parent and child, it could fall within the estate under the presumption of resulting trust. In this case, the bank may require the estate trustee to obtain a probate certificate before releasing the funds.

The testator’s intention as to whether the joint account is to be shared with other beneficiaries of the estate or simply pass directly to the survivor should be considered.

(For further information on joint accounts and the presumption of resulting trust, please see our blog of May 15, 2025 by Cara Zacks).

 

3. Delayed Distribution and Accounting of Estate Assets by Estate Trustee

Q: It is almost two years since the estate trustee obtained probate. The estate trustee has not made final distributions and is not providing any accounting information on the estate. What can I do?

A:  An estate trustee can generally distribute the estate assets within a year. However, based on the complexities of the estate, it could take longer.

Once the estate has been administered, the estate trustee should pass their accounts to show that the estate assets are properly managed. This is called a “passing of accounts”. If the estate trustee fails to do so or refuses to provide information on the estate, any of the beneficiaries in the estate can retain a lawyer to make an application to the court to compel the estate trustee to pass accounts or have the estate trustee removed.

 

Roslyn Blackette

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.

THE INTAKE CLERK AND A POTENTIAL NEW CLIENT

Sep 12, 2024

As an intake clerk, you are the first point of contact for your firm.

The caller is a potential new client and immediately you know this is an important call and how you handle this caller will determine whether the firm will be retained. Someone needs your help.

Some callers are precise and know what they want. If it is not within your firm’s scope of work, you immediately advise them this is not within your area of law and if possible, give the caller the names of two other law firms you think may be able to help them. Most callers are thankful when you can recommend another law firm based on their matter.

Then you have the callers who have done their research and checked your website so when they call, they already know your area of practice and can state clearly what they need help with. This makes it much easier for the intake clerk as this caller is prepared and can readily give you the information you need.

Often, callers have just lost loved ones. They are usually grieving and unsure about how to proceed with the next step for their individual matter. The added issues with beneficiaries and the value of the estate can be stressful.

This is where your skills come in as an intake clerk. You should be patient, compassionate and alert as it may take 10-20 minutes to obtain the key facts and details of the caller’s story.

 

In this case you should:

a) Listen to their tone of voice. It speaks volumes. With time and experience you will sense/feel the person’s pain and fear. This is your moment to calm them by saying “I realize this is a very difficult moment in your life but we are here to help you”.

b) Ask them exactly what they need help with and give them time to explain themselves. Knowing someone is listening can help someone relax and feel comfortable. During this time, you will be able to jot down salient points (asking pertinent questions in between) and by the time they are through, you will have the information you need. That is:

  • The caller’s name, phone number and email address
  • The deceased’s name and date of death
  • Whether there is a Will and the date of the Will
  • Any Powers of Attorney and the dates
  • The value of the estate
  • Names of trustees and beneficiaries
  • Any disputes pertaining to the estate and main concerns
  • Any upcoming court dates

It is important to get as much information as possible for the lawyer who will be giving the initial consultation and remember to do conflict checks on all the names involved.

A conflict check is simply an internal check in the firm’s database to ensure we have not consulted with or we are not already representing any of the parties involved in the matter which would lead to a conflict of interest.

c) At all times during the call, make the caller feel like a person and show them that you really care about their well-being. This sometimes leads to a conversation far removed from the estate issue at hand but again, your intake job goes beyond just taking information. It is always a pleasure meeting people and knowing you can make them happier just showing that you care.

 

Overall, whether it is a request for help with a certificate of appointment of estate trustee, an application for guardianship, passing of accounts or mediation, remember someone needs your help and knowing your firm can provide that service is very comforting.

At the end of the conversation, the potential new client should leave feeling relieved and assured that your firm can act on their behalf and get the work done.

 

Roslyn Blackette

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.