This was a very difficult probate case, because there was NO will, and there was a lot of disputes between the beneficiaries.
The testator (the person who passed away) is survived by a second wife and two sons from a previous marriage. Expectedly, the wife and the sons did not get along, and could not co-operate to settle the estate. Therefore, no one was willing to sign a consent document authorizing the other to become only executor and distribute the estate.
Under the Succession Law Reform Act, the wife has first priority to act as executor. As well, under this legislation, she will get the lion’s share of the inheritance – being the preferential share (currently is $350,000) and 1/3rd of what’s left over. The sons would eventually split the 2/3rd that is left.
We represented the wife, and the sons repeatedly questioned the wife’s ability to distribute the estate. Together, we helped the wife put forward a detailed list of the estate debts to be paid, the estate assets to be distributed, and other affairs to be settled. The wife also bought a bond insurance policy, at the Court’s request.
Finally, the Court awarded the wife the sole right to distribute the estate, as shown below. This was done just before Christmas, and when the estate debts are pilling mountains high. The wife and her family are so happy and grateful. We are so proud to have helped them during this difficult time and especially in such a tough situation.
