Legal Question in Wills and Trusts in Canada
How long will it take?
the canadian lawyer handeling my uncle's will has been holding on to the money for about three years , waiting to see if any one or the canadian govt.has any claim's to make before he grants the money to the beneficiaries.how much time does the law here and in canada allow for the settlement of this issue? what are we suppose to do next?
1 Answer from Attorneys
Re: How long will it take?
The law does not fix a time for an estate to be probated and disbursed, it depends on the circumstances of each estate. An executor may be within his/her right to wait until the federal government has issued a Clearance Certificate for income tax as the executor can be personally liable for unpaid income tax. An estate may take an exceptionally long time to probate if some of the beneficiaries, or potential beneficiaries, cannot be located or ascertained. These are examples of things that can delay the distribution of estate funds.
The best thing to do is retain a lawyer in the Province where the estate has been probated and have the lawyer review the facts of your case. Even if the estate cannot be finally distributed, your lawyer may be able to arrange an interim distribution of part of the funds.
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