Why Probate a Will?

  • To satisfy the Estate Administration Tax, formerly Probate Fees which are calculated based upon the size of the Estate, $5.00 per $1,000.00 of value of the Estate up to an Estate valued at $50,000.00 and $15.00 per $1,000.00 or part thereof thereafter.
  • To prove that the Will of the deceased was his last Will.
  • To examine, if appropriate, that the deceased's last Will was made when he had sufficient mental capacity to make the Will and was not under undue influence or duress at the time of making the Will.
  • To provide supervision of the Estate Trustee who is charged with the duty of distributing the deceased's assets to the beneficiaries the deceased has named in his\her Will.
  • To review the charges for the time and expenses that the Estate Trustee has billed to the Estate, typically 5% of the value of the Estate.
  • To provide Court protection to the Estate Trustee from claims made by disgruntled beneficiaries or even dependents who can claim for a share of the estate for six months from the date Administration is granted by the Estates Court.
  • To satisfy banks or insurance companies who may refuse, without probate, to release monies, even jointly held, or where there is a named beneficiary as with life insurance proceeds, RRIF's or RRSP's. The argument is that only with Probate can it be certain that the appropriate beneficiary is receiving the monies.
  • To allow an Estate Trustee to bring a law suit in the name of the Estate.
  • To pass real estate registered in the Electronic Registration System to the rightful beneficiary.
  • You may also wish to read my article, How to minimize or eliminate the payment of Estate Administration Tax (Probate Fees)

Revised March 2015