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fter a person dies if he or she has a Will it is often necessary for the named personal representative of the deceased to apply for a Certificate of Appointment or what is commonly referred to as “probate” of the Will in the Ottawa and Perth Superior Courts of Justice.

Our lawyers are experienced in a vast range of different cases involving the probate of Wills, including cases with multiple beneficiaries, irregularities in the execution of the Will, cases where the deceased has no Will and disputes involving estate administration.

Under the Estate Administration Tax Act Ontario law requires payment of tax which is currently $15 for every $1000 of estate assets above $50,000 of assets. In our practice we regularly assist clients who are applying for probate to calculate the estate tax payable based on valuations or estimates of the value of different assets, including real estate, personal property, stocks/bonds. A useful calculator tool for Estate tax can be found at Ministry of the Attorney General website.

If you are named as a trustee or executor under a Will and have questions about applying for probate of the Will or about your obligations as an executor our lawyers would be pleased to speak with you.