If an individual passes away with a Will in place, the Executor may need to apply for Probate depending on the value of the Estate’s assets and how they are held. Probate is essentially the Judge of the Court approving the Will as a valid Will. Whether or not you require Probate usually depends on the financial institutions and insurance companies involved as well as if there is any real property held by the deceased. In order to apply for Probate you must have the original signed Will and submit it with an application and the applicable fees to the Court.

If a person passes away without a Will in place and it is determined that Letters of Administration are required to handle the assets of the Estate, a person approved by the Court must apply to be the administrator of the estate, usually a family member.  An application for Administration must be completed and submitted to the court for approval. If an individual passes away with a Will but the Will does not appoint an executor or the appointed executor is no longer living or able to act, an application for Letters of Administration with the Will attached must be submitted to the Court.

Our agribusiness practice include the following:

• Buying and Selling of Farmland
• Incorporation of Farming Operations
• Financing and Banking Arrangements, through intergenerational financing, charter banks, credit unions, Farm Credit Canada, and Manitoba Agricultural Services Corporation.
• Contracts and Agreements, including leases, partnership agreements and unanimous shareholders agreements.
• Establishment of Partnerships, Corporations and Trusts
• Wills and Estate Planning, including wills/tax planning, enduring powers of attorney and health care directives for agribusiness owners.
• Intergenerational Transfers, including intergenerational succession and asset transfers.