If someone dies intestate (without leaving a valid will), the courts determine the estate’s distribution. Part 3 of the Wills, Estates and Succession Act (WESA) outlines what exactly is to be done when someone dies intestate. While the distribution of…
Before administering an estate, the executor usually must file for probate and receive court approval. Probate confirms the will’s validity and grants the executor authority over the estate assets. The process applies to any estate with a value exceeding $25,000.…
As part of their estate plan, people often elect to give inter-vivos gifts to their loved ones. This can help to minimize probate fees, and to allow loved ones to enjoy their inheritance earlier. Many testators may not realize that…
It’s not uncommon for people to make loans to their family or close friends. Common reasons include helping with a down payment on a house or to kickstart a new business venture. However, many people don’t consider what would happen…
Name changes are common, whether due to personal reasons or marital status. If someone has changed their name and is listed in a will, they might wonder how it affects their inheritance. In a lot of cases, the answer to…
When people choose to write their own wills without the assistance of a professional, it’s not uncommon for there to be vague, non-legally binding provisions in the will. Words and statements that are expressions of wishes are precatory provisions. Precatory…
People are increasingly mobile – many are born in one country, go to school in another, and retire abroad. After living in a number of different countries, legally, where is home? While the answer might seem obvious to you, this…
Although wills are private documents, there are a number of people who may be entitled to a copy. Executors are responsible for distributing these copies, as they are in possession of the original will. However, many executors are unsure who…
Many people assume they can gift from their estate in their will in any way they please. This isn’t always the case. Sometimes, the courts can rule a gift is void and modify a will. The first exception is for…
For many parents, it's clear that their children will inherit most or all of their estate. However, the best means of giving their children their inheritance is less clear. Some worry that getting a large sum of money too young…
