Probate in Canada stated by Notary public in Edmonton

It is not possible for individual banks and financial institutions to verify and validate Wills. They simply don’t know whether a document has been challenged, or revoked, or superseded by another document. Banks do not have the processes in place to do this, and they certainly do not want to run the risk of emptying a bank account and passing the contents to the wrong person.

A Will is validated through the process called probate.

In this process of validating will take the help of a notary public Edmonton which is certified professionals in legal services.

What exactly happens when a Will is probated?

Your Executor would take your Will to a probate court and submit that document for probate. It is at this point that the courts can establish the true Last Will and Testament. They can resolve possible confusion between multiple documents, and deal with any concerns regarding the legitimacy of a document.

It is also during the probate process that a Will can be challenged.

If you wrote your Will days before you died, but did not have the capacity to write that Will. And your most recent Will disinherited your entire family and left your estate to your caregiver, then there’s a good chance that your Will is going to be contested or challenged. If that Will is overruled by the courts, your previous Will may be recognized as your most recent Last Will and Testament.

Once your Will has been accepted, the courts will determine if your Executor is still willing and able to serve in this role. Sometimes the person that you have appointed is no longer the best choice. For example, if they are now serving time in prison, or they have lost the capacity to take on the responsibility, or they simply don’t want to do it, then the courts may turn to your alternate appointment in your Will.

Once the courts have accepted the Will and accepted the appointment of your Executor, then your Executor will be given a “Grant of Administration”. This is also called a “Grant of Letters Probate”, or a “Certificate of Appointment of Estate Trust With or Without a Will”. But it is a court-issued document that officially appoints your Executor as the estate administrator.

Let us now revisit the bank. Your Executor can now appear at your bank with their Grant of Administration issued by the probate courts, and the bank will feel assured that they can release the assets of the bank account to the court-appointed estate administrator.

Call us today or visit notary public Leduc for any kind of legal assistance in Alberta, Canada.