Frequently Asked Questions
Estates - FAQs
What do I need to bring to my first appointment?
We are required to verify your photo ID (ie: Driver’s License, Passport). Please make sure it is not expired.
Please also bring your completed Estates Questionnaire, the original Will of the Deceased (if available), a Death Certificate and any financial statements of the Deceased that you may have in your possession.
Do you offer virtual appointments?
We offer virtual instruction and signing appointments. However, we require hard copies of the original Will and Death Certificate. If you elect to meet with us virtually, we will request that you forward the original Will and Death Certificate of the deceased to our office via courier or in-person drop-off.
Does it matter that the Will was prepared by another law firm?
Our office can be retained to probate a Will prepared by our office or by another law firm. We can assist you in collecting the original Will from another law firm, if necessary.
What does it cost to obtain probate?
Our firm offers competitive rates based on the nature of the file. In particular, rates depend largely on whether or not the Deceased had a valid legal Will at the time of their passing. Please feel free to reach out to our office to obtain a direct quote specific to your situation.
How long does it take to obtain a probate certificate?
There is no set timeline for obtaining a probate certificate.
The length of time depends on two factors: when you provide us with complete Estate information; and how long the Court takes to issue the Certificate once our application has been completed.
The sooner that you are able to provide us with complete Estate information, the sooner the application can be prepared. However, once the application has been submitted to the Court,
the return time for the Certificate is out of our hands. We should be able to provide you with a general estimate return time based on the jurisdiction in which the application is submitted.
Do the beneficiaries need to come in for the appointment?
No. The beneficiaries do not need to attend your appointment.
You will communicate directly with beneficiaries throughout the estate administration process, with our guidance. If any of the beneficiaries retain their own legal counsel, we will communicate directly with their lawyer, as needed.
Do I give the beneficiaries a copy of the Will right away?
Beneficiaries are entitled to receive a full copy of the Will if they are named as residual beneficiaries in the Will. If the beneficiary is to receive a specific bequest, they are entitled to receive the portion of the Will that pertains to them directly.
The timing of when to release this information is matter-specific and can be discussed with the lawyer in greater detail during your intake appointment.
The beneficiaries are asking when they get their money, what do I say?
There are often a number of steps that need to be completed in the administration of an Estate prior to distributing beneficiary funds.
As Estate Trustee, you are responsible for ensuring that the Estate is properly administered before distributing funds to beneficiaries.
Our lawyers can guide you on how and when to respond to these types of inquiries.
I don’t live in the same area as the deceased am I still able to be the executor?
Yes. Please give our office a call for matter-specific details, and guidance.
Do I need to be in the same area as the lawyer?
No. Please give our office a call for matter-specific details, and guidance.
The deceased lived in a different area than the Bay of Quinte- Can I still use my lawyer here in the Bay of Quinte?
If a probate application needs to be filed for the Estate, it must be filed in the jurisdiction where the Deceased last resided.
However, our firm is equipped to file probate applications and administer Estates in jurisdictions across Ontario.
You can feel free to use our services regardless of where the Deceased lived. Similarly, we offer virtual appointments and electronic signatures, where permitted, to assist you in administering an Estate regardless of where you may live.
If you live outside of Canada, there may be additional steps to complete in becoming appointed Estate Trustee.
Please give our office a call for matter-specific details, and guidance.
Wills - FAQs
What do I need to bring to my first appointment?
We are required to verify your photo ID (ie: Driver’s License, Passport). Please make sure it is not expired.
Please also bring your completed Wills Questionnaire.
If you have a Will that was previously prepared by another firm, a separation agreement, marriage contract or a mutual wills agreement, please bring that as well.
Do you offer virtual appointments?
We offer you the convenience of taking your instructions virtually but, with some exception, we prefer that the signing appointment be done in the office.
Can I bring a friend, family member or support worker to my appointment?
While we appreciate that you may need assistance getting to/from our office, we do need to meet with you alone, or with spouses –only, during the instruction appointment. This is to ensure your confidentiality is being maintained and to facilitate an open communication process.
Who is responsible for storing the will?
Typically we retain the original signed Will and at least one original signed Power of Attorney for Property & Personal care. However, we understand that each situation is unique and we can discuss your document retention concerns with you directly during your initial instruction appointment.
Why do you need my financial information?
Before considering how your Estate is to be divided, it is helpful to have a record of what your assets include. It also allows us to provide the best possible estate planning advice.
What if I don’t know how to answer something on the questionnaire?
That is fine. Our lawyers will go through the questionnaire with you to fill in any gaps and answer any questions.
How much does a Will and Power of Attorney cost?
Please contact us and we would be happy to offer you a quote.
Corporate Law - FAQs
What do I need to bring to my first appointment?
We are required to verify your photo ID (ie: Driver’s License, Passport). Please make sure it is not expired.
Other helpful information such as where your corporation banks, who your accountant is and who your shareholders are/will be can be brought to your initial appointment, if known.
Do you offer virtual appointments?
We offer virtual instruction and signing appointments using Zoom, Microsoft Teams or Facetime.
Do you maintain the Minute Book?
Yes, absolutely- at your instruction, we work with your Accountant to make sure that everything is recorded properly and registered with the Ontario Ministry.
We can also assist with completing your annual Corporate filings for the Ontario government.
What if my Minute Books are not in my possession?
We can assist with requesting/transferring your Minute Books from another law or accounting office. If there are no physical Minute Books in existence, we can assist you in preparing same.
What types of corporate transactions do we offer?
We can help with many of your corporate needs, from setting up a new corporation, to annual corporate maintenance, to preparing a shareholders’ agreement, to selling or winding up your company, and much more in between!
How much do we charge?
Our fees vary based on the service you require. Once we have more information about your requested services, we’d be happy to provide you with an initial quote.
Real Estate Closing - FAQs
When can I set up an appointment at your office?
With our having received your purchase and sale agreement, once we have all your information gathered and we have prepared all of your documents, we will arrange an appointment for you to sign documents. This typically occurs within the one week prior to your closing date, depending on when we receive Mortgage Instructions and Payout Statements.
Please let us know immediately if you are planning to be out of town for an extended period of time prior to the closing date.
What do I need to bring to appointment?
We are required to verify your photo ID. Please make sure it is not expired.
You will need to bring at least 1, and sometimes 2 pieces (depending on your lender) of identification with you to your appointment- one of which must be government-issued photo identification such as a driver's license or passport. Please note,we cannot accept health cards.
If purchasing, and the information is available, you will need to bring a bank draft or certified cheque for your closing funds to your signing appointment. You will be notified of the total amount required in advance of your appointment.
We also often require you to provide a VOIDcheque prior to closing for preauthorized mortgage payments and deposit of any surplus monies.
Marital status - why does Jeffrey Murray Law need this information?
The law requires us to make sure that any person with a legal right to a property is aware that the property is being purchased, sold, or re-financed. This includes your married spouse.
Marital status can also impact your potential entitlement to the first-time homebuyers’ rebate of the Ontario Land Transfer Tax.
When should I cancel my Home Insurance?
Although you can let your insurance company know about the sale of your home, please do not cancel your home insurance until we advise you that the sale is complete.
We do not anticipate any delays normally, however, unexpected delays can happen and you will want to keep your property fully insured until the sale is complete.
Do I need to arrange for my utilities?
Yes, it is your responsibility to call your utilities providers to let them know that you have sold your property. They will then come out to read your utilities as close as possible to the date of possession.
The same is true in the case of you purchasing as you will also need to set up accounts for the utilities.
Remember if you are buying or selling a property with a rental item (I.e. a rented hot water tank, furnace, air conditioner, etc.) you will be required to notify the company holding the rental that you are buying or selling the property. If buying, you will need to set up an account with the rental provider. If selling, you will need to cancel the account and provide a forwarding address so that the rental provider can forward you a final bill.
When do I legally own/ have sold the property? When are keys and funds released?
Most Agreements in Ontario provide that the transaction becomes official by no later than 6pm on the Closing Day.
However, the transfer of ownership can occur at any point during the day. It is at this point that keys and funds are released. This is based on a number of factors in including receipt of funds, signed documents, and vacant possession.
Surplus funds are typically ready for cheque pickup on the day of closing, or otherwise wired to your account within the next business day.
A Clear Way Forward
Legal services should make your life easier rather than harder. We’re here to empower you; not to bombard you with information you don’t understand.
At Jeffrey Murray Law, we consider ourselves part of the local community and want to get to know our clients as individuals with their own needs and goals first and foremost.
We’ve consistently demonstrated a commitment to meeting our clients where they are today and adapting to those needs. That means explaining each step of the process in plain English so you understand what’s happening, and we even offer virtual consultations to ensure that your schedule won’t hold you back. For Belleville Lawyers, look no further.
Jeffrey Murray