- Tracking Estate Beneficiaries: Lawyer Turns Detective
- March 6, 2017
- Law Firm: Shibley Righton LLP - Toronto Office
People can make life easier for loved ones dealing with their estate by ensuring a copy of the will is kept where it can be easily found by a trusted family member or lawyer, advises Toronto litigator Jonathan Miller.
He tells AdvocateDaily.com a recent case he worked on involved a fair amount of detective work to track down 25 potential beneficiaries before he could proceed with an application to prove a copy of the will. The process for proving a lost will is found within Rules 75 and 76 of Rules of Civil Procedure, and Miller says he was able to find the right people and settle the matter within a year.
“It could have been significantly longer because ultimately no one challenged the will. If any of the potential beneficiaries had, it would have taken much longer to resolve," Miller says. “That would involve responding materials and potential cross-examinations before the actual hearing of the application. It could easily have taken another six, eight, 10 months if there was any kind of challenge to it.”
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