Toronto Estate Litigation, Estate, Wills, and Probate
Bobila Walker Law, located in Toronto and Richmond Hill, understands that probate, wills and estate planning, and estate administration require careful planning. Our lawyers are here to assist you and your family in making the right decisions.
You can contact our lawyers by calling 416-847-1859 or by emailing info@bobilawalkerlaw.com to book an appointment or tell us about your matter.
Wills & Estate Planning
Individuals put off estate planning, believing that creating a will is something one should only do when one reaches their senior years. Others believe that they do not have enough accumulated wealth or real or personal property to necessitate a will. Estate planning is beneficial for anyone, regardless of age, health, or income bracket. We offer our clients a solid and efficient service in all areas of estates law. Our clients have worked hard to ensure that their family and their estate is financially secure. It is essential to make sure that your legacy is passed on in the way you intended.
With the help of an experienced Toronto estates lawyer, you can make well-informed decisions about your family and finances and put your plans into effect quickly and efficiently. Our estate lawyers at Bobila Walker Law combine years of experience with a client-centered approach to business, making this sometimes-difficult process easier on everyone involved.
Making a will is essential if you want to be sure that your hard earned assets are protected. The process is not difficult and our experienced lawyers will discuss with you the best options for your matter. Even if you have a will, it is essential to review it and update it when necessary.
Some of the key questions our clients ask and we provide advice on:
- How can I protect my assets from the Canada Revenue Agency upon my death?
- Should I transfer any of my assets to my children while I am alive?
- I have assets in other countries. How do I incorporate this into one will or do I need more than one will for the other jurisdictions?
At Bobila Walker Law, we provide our clients with creative legal solutions. For example, through marriage and domestic contracts, we are able to anticipate major legal issues in case of a separation or divorce.
Our firm also regularly uses tax experts to design trusts and international wills to anticipate your tax obligations. Such planning is especially useful in cross-jurisdictional matters.
If you need a probate lawyer, a lawyer to set up a will, to develop a Trust, create a Power of Attorney, we are here to assist you.
Wills, Estates and Trust Litigation
Bobila Walker Law provides legal representation to heirs, spouses, next of kin, trustees, executors, fiduciaries, estate representatives, and other parties involved in the estate.
Estate litigation can take many forms. Some of the kinds of matters the firm is able to handle:
- Dependant Support Claims pursuant to Part V of the Succession Law Reform Act;
- Constructive trusts and unjust enrichment claims;
- Probate litigation to dispute the validity of wills on the basis of incapacity of the testator, fraud or forgery, undue influence over the testator, defective execution of the will, and forgery;
- Trust litigation to challenge or defend the construction of a trust or the actions of a trustee;
- Estate trustee litigation to challenge the actions of an executor or trustee in managing the financial
- Affairs of the estate or trust;
- Passing of Accounts proceedings to challenge or defend the management of an estate or trust;
- Estate trustee removal proceedings to remove a trustee, executor, or guardian because of misconduct or incompetence;
- Spousal rights court proceedings to present the rights of a spouse to inherit, as well as to analyze the validity of prenuptial agreements.
- Family Law Act Election pursuant to s. 5(2) of the Family Law Act;
- Claims pursuant to s. 44 and s.45 of the Estates Act.
Estate Administration
Bobila Walker Law provides legal representation to heirs, spouses, next of kin, trustees, executors, fiduciaries, estate representatives, and other parties involved in the estate.
Bobila Walker Law is one of the few firms in Toronto providing estate administration services. Our services include:
- Locate the will;
- Identify the beneficiaries and the distribution;
- Locate the estate inventory;
- Identify the value of the assets for income tax, Estate Administration Tax and for distribution purposes, and where applicable, take required steps to secure and safeguard assets;
- Review and sign initial and any amended Information Returns required for reporting and payment of the Estate Administration Tax pursuant to the Estates Administration Tax Act, 1998;
- Retain professional services, if necessary, to assist us in the winding down of the estate;
- Determine and settle all debts of the estate;
- File tax returns, with the assistance of accounting professionals (if necessary);
- Obtain tax clearance certificate from the Canada Revenue Agency