Tag: Estate Administration

Tag: Estate Administration

Navigating the Legal Maze: How to Contest a Will and Protect Your Interests

Introduction Losing a loved one is undoubtedly one of life's most challenging experiences. However, when disputes arise over the deceased's last will and testament, the emotional toll...

ESTATE LITIGATION: Challenging a will with the court’s assistance

Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court....

ESTATE LITIGATION: Challenging a will and strategies for all those concerned

Submission of Rights to the CourtAfter submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either:Request on...

ESTATE LITIGATION: Challenging the validity of a Will after probate

Order for Return of Certificate (Probate already obtained)When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will...

ESTATE LITIGATION: Challenging the validity of a Will prior to probate

When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for...

ESTATE ADMINISTRATION: Advising the Surviving Spouse

The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate...

ESTATES & NFP: Income Tax and Family Law considerations at death

Income Taxes at DeathClaims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage...

ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights

Court OrdersThe court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order:Money to be paid;Security to be given;Payment...

ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate

Restrictions on Distribution of EstateAfter the death of a spouse, no distributions can be made out of the estate during the six month period immediately following...

ESTATES & INTESTACY: Spousal statutory rights when there is no Will

Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed.Effect on IntestacyIn...