The job of acting as executor or trustee of a deceased's estate can appear intimidating and complex, particularly with the added stress of the loss of a loved one. As trustee of an estate, you can become personally liable in certain circumstances, if you have not taken the proper steps to protect yourself. My role as solicitor for the trustee is to assist you in the performance of your duties and provide you guidance in this process.
The following is a list of some of the tasks that I can assist you with in the administration of the estate:
With the use of up-to-date software within my office, your tasks as executor and trustee can be performed in a more efficient and professional manner. You will have peace of mind, knowing that your tasks as trustee have been well attended to.
- Clearly explaining your role and responsibilities as executor and trustee
- Providing you the support needed in performing your required tasks
- Locating and reviewing the will of the deceased
- Determining if an application for a certificate of appointment of estate trustee to the court is required or advisable (this was previously referred to as "getting the will probated")
- Preparing the documents to obtain the necessary certificate of appointment from the court
- Calculating the Estate Administration Tax owing
- Writing to the various government offices to advise of the death of the deceased
- Claiming death benefits and survivor pensions from government and private pension plans
- Claiming benefits from life insurance policies
- Notifying creditors and dealing with claims by creditors
- Conducting parentage searches
- Facilitating the preparation of income tax returns
- Ordering clearance certificates from Canada Revenue Agency
- Preparing the accounts of the estate
- Obtaining the approval of accounts by the beneficiaries or passing by the Court
- Calculating and claiming the executor's compensation
- Obtaining signed releases from the beneficiaries prior to distribution of the assets
- Transferring and distributing the assets of the estate
- Providing you legal advice through out the process
The legal fees for the administration of an estate will vary depending on the extent of my involvement and the complexity of the estate. I will advise you of my hourly rate and that of my staff and, to the extent possible, I will provide an estimate of the number of hours expected for the administration of the estate.