Best Probate Lawyers in Canada

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McCulloch Mooney Johnston Selby LLP

McCulloch Mooney Johnston Selby LLP

Toronto, Canada

English
McCulloch Mooney Johnston Selby LLP (MMJS) is a distinguished law firm serving southern and western Manitoba through its offices in Carman, Deloraine, Manitou, Morden, and Treherne. The firm offers a comprehensive range of legal services, including real estate transactions, wills and estates...

Canham Miller Gulka-Tiechko

Regina, Canada

English
Canham Miller Gulka-Tiechko is a distinguished Canadian law firm renowned for its comprehensive legal expertise across various practice areas, including business law, estate planning, general practice, and real estate law. The firm's seasoned attorneys bring a wealth of experience to the table,...
Tradition Law LLP

Tradition Law LLP

Winnipeg, Canada

English
Tradition Law LLP, based in Winnipeg, Manitoba, focuses exclusively on estates, trusts, and incapacity law. The firm's services encompass estate planning, estate litigation, estate administration, support for committees and attorneys, tax matters, and corporate structuring. Their approach is...
Sullivan Law

Sullivan Law

Winnipeg, Canada

English
A professional law firm offering expert legal services.
Shim Law

Shim Law

Calgary, Canada

Founded in 2014
50 people in their team
French
English
ABOUT SHIM LAWProviding Solutions for your Legal ProblemsWe have a team of lawyers with diverse skills and backgrounds to serve you in any legal situation. Shim Law was formed in 2014 when a team of Calgary Lawyers collectively came together from all across the world to put together their...
Taylor Law Group

Taylor Law Group

Toronto, Canada

English
A professional law firm offering expert legal services.
Olschewski Davie Barristers & Solicitors

Olschewski Davie Barristers & Solicitors

Winnipeg, Canada

Founded in 1999
English
Olschewski Davie Barristers & Solicitors stands out in the Canadian legal landscape through its comprehensive expertise in family law, real estate, and estate planning. With a dedicated team specializing in divorce and mediation services, the firm provides nuanced legal guidance tailored to each...
Kootenay Litigation Lawyers

Kootenay Litigation Lawyers

Nelson, Canada

English
Kootenay Litigation Lawyers, based in Nelson, British Columbia, offers comprehensive legal services across the West and East Kootenays. Their practice areas include Criminal Defense, Family Law, Child Protection, Civil Litigation, and Wills and Estates. The firm's legal professionals have...
Heritage Law Offices

Heritage Law Offices

Edmonton, Canada

Founded in 2000
English
Heritage Law Offices, located in South Edmonton, Alberta, offers a comprehensive range of legal services tailored to meet the diverse needs of its clients. The firm's practice areas include real estate transactions, family law, wills and estate planning, estate administration, corporate and...
Martin Estate and Injury Law

Martin Estate and Injury Law

Vernon, Canada

English
Martin Estate and Injury Law stands as a distinguished law firm in Canada, renowned for its multifaceted legal services encompassing estate planning, business law, family law, and personal injury. The firm's team of seasoned attorneys is committed to delivering personalized legal solutions tailored...
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About Probate Law in Canada

Probate law in Canada refers to the legal process of validating a deceased individual's will and distributing their assets and property according to their wishes. This process is necessary to ensure that the deceased's estate is settled properly and that all debts and taxes are paid before the remaining assets are distributed to beneficiaries.

Why You May Need a Lawyer

There are several situations in which you may need a lawyer to assist with probate in Canada. These include situations where the deceased did not leave a will, disputes among beneficiaries, complex estates with multiple assets and properties, and issues with creditors or taxes. A lawyer can help navigate the legal requirements and ensure that the probate process is completed smoothly.

Local Laws Overview

In Canada, each province has its own probate laws and regulations that govern the probate process. Common aspects include filing the will with the court, obtaining a grant of probate, collecting and distributing assets, and paying debts and taxes. It is important to consult with a lawyer familiar with the probate laws in your specific province to ensure compliance with all requirements.

Frequently Asked Questions

1. What is probate?

Probate is the legal process of validating a will and settling the estate of a deceased individual.

2. Do all estates require probate in Canada?

Not all estates require probate, but it is often necessary for larger or more complex estates.

3. How long does probate take in Canada?

The probate process can vary depending on the complexity of the estate, but it typically takes several months to complete.

4. What are the executor's responsibilities in probate?

The executor is responsible for managing the estate, including collecting and distributing assets, paying debts and taxes, and ensuring that the deceased's wishes are carried out.

5. Can probate be avoided in Canada?

Some assets, such as jointly held property and assets with designated beneficiaries, may not need to go through probate.

6. How much does probate cost in Canada?

The cost of probate can vary depending on the value of the estate and any legal fees incurred during the process.

7. What happens if there is no will?

If there is no will, the estate will be distributed according to provincial intestacy laws.

8. Can a will be contested in Canada?

A will can be contested in Canada if there are grounds to challenge its validity, such as undue influence or lack of capacity.

9. Can a lawyer help with probate disputes?

Yes, a lawyer can help resolve probate disputes, such as disagreements among beneficiaries or challenges to the will.

10. How can I find a probate lawyer in Canada?

You can find a probate lawyer by asking for recommendations, contacting your provincial law society, or searching online legal directories.

Additional Resources

For more information on probate in Canada, you can visit the website of your provincial law society, the Canadian Bar Association, or consult with a local estate planning lawyer.

Next Steps

If you require legal assistance with probate in Canada, it is recommended to schedule a consultation with a probate lawyer who can guide you through the process and ensure that your interests are protected. Be prepared to provide relevant documents and information related to the estate for a more productive meeting.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.