Legal Question in Wills and Trusts in Canada
Probate
The gentleman I work for is 65 years of age. His company has yearly revenue of 2.5 million per annum. He has 5 adult children & a wife (50%) partner. He needs to know what probate costs is based upon; a formula, if so, how is it determined? Is it based on the whole estate or just his portion? Is it based on assets? If so, which assets? Does the surviving spouse have to pay probate costs? Any information would be much appreciated.
2 Answers from Attorneys
Re: Probate
I'm confused. Are you in Canada? Is BC British Columbia?
If you're in the United States, have him hire an attorney
now. First there's no reason he should pay anything for
probate; it's an entirely avoidable expense of money and time.
Second, there are SERIOUS estate taxes to pay, hundreds of
thousands of dollars, about all of which can be avoided
through proper estate planning. If you're in the U.S.,
let me know where exactly and I can send you to a qualified
local lawyer in one of my associations (National Association
of Estate Planning Attorneys, National Assoc. of Elder Law
Attorneys, etc.).
I suspect the same is true in Canada, but I don't really know.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
tel. (617) 527-0050.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Re: Probate
Woops, I read your message too hastily.
1) He can avoid probate (if he's in the US) and should
do so, but
2) His estate will be hit for $millions and he probably can't
avoid it entirely but can cut it way down.
3) He and the partner might want to consider each other and keeping
the business afloat after the tax hit, which requires "business succession
planning", another specialty area that I work in (but I only work for
clients around here).
Answer: get a lawyer.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.