Compassion and experience at a time when it is needed most.

Individuals responsible for administering an estate hold an important responsibility that brings stress during an already difficult time. Even the simplest estates can be time consuming and involve specific legal obligations that go unrealized without the proper guidance of a lawyer.

The advice of an experienced estates lawyer ensures that the individual administering the estate is carrying out their duties in accordance with the legal requirements set out by the estate administration process and protects the administrators and executors from potential future personal liability.

With an established Estate Administration practice, BOYNECLARKE LLP of Halifax – Dartmouth is committed to guiding administrators and executors through the complexities of estate administration. Through compassion and understanding our team brings their knowledge and experience to ensure that the wishes of your loved one are fulfilled in accordance with the law.

Estate Administration With a Will

The process of acting as administrator or executor is simplified when your loved one has prepared a will before they pass away. Your obligation as administrator or executor is to ensure that your loved ones wishes, as set out in their will, are carried out in accordance with the legal requirements of the Probate Act.

Estate Administration Without a Will

Should a person die without a will – called dying intestate – the process of estate administration becomes more complex. Dying intestate can complicate the results of distributing someone’s assets. The provisions of the Intestate Succession Act determine how a deceased’s assets are to be distributed. In addition to making the process increasingly complex, intestacy can have undesirable results and make the administration of an estate more costly. Our team has a wealth of experience handling intestacy cases.

Our skilled team of lawyers can help advise you on the process and your obligations if you are appointed as executor or administrator of a loved one’s estate.

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Areas of Focus

Executors & Administrators

An executor is the individual named in a will to administer the estate. An administrator is the individual appointed by the probate court if there is no will, the named executor is unable or unwilling to act or an executor has not been named in a will. Often the executor and administrator are collectively referred to as a Personal Representative. The executor or administrator has a legal obligation to act in the best interest of the estate and to complete their duties in accordance with the wishes of the deceased. As an executor or administrator it is important that the proper procedure is adhered to, if not, and mistakes are made, the executor or administrator can be made personally liable for any wrongdoings. Our team can help advise you on your rights and responsibilities and guide you through the estate administration process.

Probate

Probate is the process through which the administration of an estate is formally approved by the Probate Court. The probate process requires a variety of documents to be filed with the Probate Court under strict timelines. Our legal team will assist with and advise on the preparation of the necessary documents and ensure the deadlines are adhered to. The assistance of a lawyer can help relieve stress and uncertainty of an unfamiliar process during an already stressful time.

Presentations We Offer

If you are looking for a speaker for a meeting or a special event please email us at marketing@boyneclarke.ca. Click here for a list of presentations we offer.

Estate Administration Team

George P. Ash

(902) 460-3407

George M. Clarke

(902) 460-3450

A. Lawrence Graham, Q.C.

(902) 460-3414

Lauren M. Randall

(902) 460-3421

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Recent Blog Posts

Blog Post | Tuesday January 15, 2019

Lessons from the (Un)Grateful Dead: How to Appoint your Estate Executor

Authored by: George M. Clarke Posted in: Real Estate

Choosing who will act as your executor is a decision that should not be taken lightly.

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Blog Post | Tuesday January 22, 2019

Predatory Marriages

Authored by: Terrance G. Sheppard Posted in: Family Law Wills & Estates

Marriage can have a significant legal impact on a person’s property and assets. Through marriage a spouse may have legal claim to a home,[1] may have a claim to other property and a marriage may give rise to spousal support obligations.[2]

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Blog Post | Friday February 15, 2019

Digital Assets and Social Media: Are They in Your Estate Plan?

Authored by: Alanna Mayne, TEP Posted in: Wills & Estates

The recent issues surrounding QuadrigaCX and the death of the company’s CEO, Gerald Cotten, is an important reminder that you should ensure your digital assets are included as part of your estate planning.

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