Avoiding probate

I am named Executor and Trustee in both my parent's Wills. They jointly own their property. Each Will states the whole of the assets goes to the survivor upon death of one parent. When the survivor deceases, is the Will subject to probate? Does a Trust document need to be in place?


Asked 12 months ago in British Columbia
Categories: Wills, Estates, Trusts

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Shira Kalfa

Answer by Shira Kalfa

VerifiedOntario lawyer

The Will may be subject to probate. This depends not on the fact that there is a spousal rollover on death, but rather is determined with reference to their assets. Some assets require probate while others can pass to one's beneficiaries without probate. 

Posted 11 months ago

Shira Kalfa is a founding partner of Kalfa Law, a business & tax law firm in Toronto. As the lead solicitor at Kalfa Law, Shiras' practice is focused on:

Corporate law including incorporation, joint ventures, partnership agreements, shareholder agreements and corporate restructuring
• Commercial law including asset and share purchase and sale transactions, contract drafting and review and financing
Tax law & tax planning 
Learn more about Kalfa Law here
Call Shira at: 416-631-7227
Email Shira at: reception@kalfalaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Shira Kalfa, or search the Lawyer Directory.

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