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Last Will and Testament - Information you NEED to know

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What is probate and why is it necessary?
When a person dies, somebody has to deal with their estate, which includes the money, property, and possessions left.  Whoever deals with the estate must collect in all the money, pay any debts, and distribute what is left to those people entitled to it. To get this authority, they usually need a legal document called a “grant” from the Probate Court.
Organizations that hold assets in the deceased’s name may require a grant to know who that money should be paid to.  
The grant is the legal proof that the person named as the personal representative may deal with the assets of the deceased.  When a person dies, their estate passes to the people named in their will. If there is no valid will, it passes to their heirs-at-law.

When is a grant required?
A grant is always required to sell or transfer land held in the name of the deceased person, unless they owned it as a joint tenant.
A grant may be required in other circumstances.  Here are a few examples:
• when financial organizations hold assets in the name of the deceased
• when someone dies without a will
• when there is a dispute concerning the will

Last Will and Testament

What is a will?
A will is one of the most important legal papers you’ll ever sign. You must be age 18 or older to sign one. It should cover:
  • Who will inherit money or property from you? A will makes it clear who gets what after you die. This is important even if you don’t have a lot of money.
  • Who will care for your children? You can name someone to take care of them if both parents are gone. You can also make plans to leave money for their care.
  • Who will carry out your wishes? Your will should name someone to take care of this important job. This person is called your executor or estate trustee. Most people choose a family member, their lawyer, or their financial adviser.
The five biggest dangers of not having a proper will
1. You lose control: If you don’t have a will, the government will name someone to decide what happens to your savings and property. This person may also decide who will raise your children.
2. Less money may go to your loved ones: Without a will, it may cost more to settle your estate.
3. It may take longer to settle your estate: If the government has to get involved, it will take longer for your loved ones to get the money or property you leave them.
4. If you have an old will from years ago, no one will know your wishes today:
5. You may cause a family fight: If you don’t state your wishes clearly and properly, your loved ones won’t know what you want.
-excerpt from Globe and Mail

 

Contact
Boudrot Rodgers Law Offices
for a
FREE INITIAL CONSULTATION
or to update your Will.
1-877-550-5858


Port Hawkesbury
301 Pitt Street , Unit 1
Port Hawkesbury , NS
B9A 2T6
 
Ph: (902) 625-2800
Fax: (902) 625-2801
Inverness
15759 Central Ave
Inverness, NS
B0E 1N0
 
Ph: (902) 258 - 2082
Fax: (902) 625 - 2801
Antigonish
273 Main St., Suite 1
Antigonish, NS
B2G 2C3

Ph: (902) 863-2100

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Copyright © 2010
Boudrot Rodgers Law Offices * Nova Scotia Canada
Antigonish: 1-902-863-2100 * Inverness: 1-902-258-2082 * Port Hawkesbury: 1-902-625-2800
Toll Free: 1-877-550-5858

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