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.


Asked on 3/17/99, 10:45 pm

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

[email protected]

tel. (617) 527-0050.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 3/31/99, 11:10 am

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.


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Answered on 3/31/99, 11:13 am


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