Legal Question in Wills and Trusts in Canada

re: my late mom's will

She told the lawyer who prepared her last will that she wanted everything to be divided equally between her daughter and grandson. Her daughter is the beneficiary of the insurance policy and she has JT investments with the exception of the late mom's 2 bank accounts. The house is in the late mom's name. So what gets probated?


Asked on 1/21/09, 12:25 am

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: re: my late mom's will

A will only governs the assets that form part of the estate. The proceeds payable under the insurance policy, where there is a designated beneficiary who survives the life insured does not, (in the absence of an insurance trust in the will which does/could change the beneficiary), form part of the estate. The joint bank accounts can be initially claimed by the estate as assets due to the rules on deeming the surviving joint tenant as a trustee for the estate. She is considered, in the absence of further proof of intention, as holding those accounts in trust for the estate.

The lawyer should have notes on what assets she was dividing under the will and whether or not the issue of ownership of the insurance and joint accounts was discussed at the time the will was made.

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Answered on 1/21/09, 12:35 am


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