Inheriting Property – Probate, Wills & Estate in Canada
When dealing with the death of a loved one, the last thing you want to worry about is the hassle of probate court. An experienced Canadian estate lawyer can help you develop a plan to ease the burden on your loved ones after you are gone. If plans have not been put in place, an estate lawyer can help protect your legal rights throughout the probate process. Call Nanda and Associates at (905) 405-0199 to schedule a consultation with one of our experienced Mississauga probate lawyers.
How to Inherit Property When There is a Will
If a person properly executes a will before he or she dies, this document will likely control what happens to their assets after they are gone. There are certain key exceptions. A marriage after writing a will can invalidate a will, and divorce can nullify provisions that relate to the former spouse. A will cannot override property that is subject to other rules of ownership. (For example, a joint bank account that was created under rules of survivorship will not be distributed according to the terms of a will. In this case, the bank account would be fully transferred to the surviving owner without having to go through probate.)
A will might also be invalidated if one of the named beneficiaries does not survive the person who made the will. The law requires a beneficiary to survive the testator (the person who made the will). If he or she does not, the gift will revert to the estate. If the beneficiary survives the testator but is not alive at the time the inheritance is distributed, his or her beneficiaries can still receive the inheritance. These rules can create complicated scenarios, such as an accident that ultimately kills both the testator and his or her beneficiaries. Expensive probate battles have been fought to prove exactly who survived whom.
How to Inherit Property Without a Will
If a person dies without a will, there are default rules of law that determine who inherits his or her property. The Succession Law Reform Act applies to deaths that occur here in Ontario. It sets rules of succession for surviving spouses, children, grandchildren, parents, aunts and uncles, cousins, and so on. The rules continue for many generations. They can apply to distant relatives if no closer relatives have survived, but this presents a far more complex legal situation. A lawyer is usually required to clear up issues of inheritance when only distant relatives remain.
Experienced Mississauga Lawyers for Probate, Estates, and Wills
It is not pleasant to think about the end of your life. Nonetheless, a little bit of planning now can save your loved ones a lot of time and money after you pass away. If you are in the complex situation of dealing with an estate of someone who died without a will, it is important to consult with a probate lawyer about your legal rights.
Call Nanda and Associates today at (905) 405-0199 or contact us online. Our experienced Mississauga probate lawyers have helped many Canadians successfully navigate the complicated probate process. We can assist you with wills, trusts, estates, and related issues. Our staff speaks fifteen different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil. We have the legal experience and language support to help serve all your probate needs and estate planning needs.