Is there an official reading of the will in Canada when someone passes?

September 2019

Legal Moment on FRESH RADIO

Transcript

[Phone Ringing]
Announcer: And now the Cohen Highley Legal Moment on Fresh Radio.
Announcer: I’m here with Josh Laplante from Cohen Highley Lawyers.  When a family members passes, is there an official reading of the Will in the a lawyer’s office?
Josh Laplante: Not normally in Canada.
Announcer: So how is the Will information circulated?
Josh Laplante: Well if the Will is held in a law firm, procedures vary depending on the lawyer.  Often the individual appointed as the estate trustee or executor will provide proof of death and valid ID and then firm will release the Will to that individual.
Announcer: What are the trustee’s responsibilities?
Josh Laplante: There are several responsibilities which include gathering and safe-guarding the deceased’s property, arrange for the funeral, paying the deceased’s debts and taxes and distributing what’s left to the beneficiaries as indicated in the Will.
Announcer: Does the Will itself give the trustee access to bank accounts?
Josh Laplante: Well, it depends on the bank.  Typically they’ll want a Certificate of Appointment of Estate Trustee, which is formally known as probate in the Will, before they release a large sum of money, ort the very least, they’ll ask the estate trustee to sign an indemnity.
Announcer: Thanks Josh.  This has been the Cohen Highley Legal Moment.  Cohenhighley.com
  [Music]
Singers: Cohen Highley, we’re listening.

Author

Josh is a commercial litigation lawyer with a primary focus on estate litigation, but also represents clients in contractual disputes, real estate disputes, commercial tenancy disputes, and construction law matters. His practice also includes wills and estate planning as well as advising and guiding executors through the estate administration process. Josh represents clients in defending… More →