In this successful probate case, we represented the son, who received the entire estate.
When we eventually pass, all of our assets will be frozen. Our beneficiaries must apply for a Court Approval document before they can receive their inheritance.
The son came to our office, and told us his father passed without a Will. The only nuclear family members left is himself and his mom.
His mom was married to his dad at the time of death. So, normally, the mom would have received a large portion of the estate, and the son would receive the rest.
However, the mom was living separately from the dad before his death, due to a marriage breakdown. Thus, under Estate Laws, she is not entitled to receive any part of the estate (unless she made an election under Family Law Act within 6 months of the dad passing).
As well, since mom lives in another country, and son lives in Canada, it is much better for him to apply to be executor. After we pass, all of our assets go into the estate account, and the executor is the one who distribute the assets to our beneficiaries. When there’s no Will, the Court always prefer a local person to be the executor.
So it all worked out in the end – the son became the executor and the only beneficiary. He was really happy that our office got him the Court Approval so fast, so he can receive his inheritance.
