Legal Question in Wills and Trusts in Canada

Re: Why Probate Nesessary?

Probate of a will is the Court's affirmation that a particular document is the last will and testament of the testator. While there is no absolute legal requirement for a will to be probated, in most jurisdictions certain assets, particularly land, cannot be transferred without a grant of probate. Also, without probate, an executor may not be able to obtain absolute closure of all issues such as taxes, creditors and accouting.

A will should be 'read' as soon as possible after death of the testator. Different provincial statutes may provide specific rights for a beneficiary to demand that probate be pursued by the executor.