Legal Advice

Working With a Lawyer After a Loss

Handling legal matters after the passing of a loved one can be complex and emotional. A lawyer can help make sure everything is handled properly, reducing stress and potential disagreements among family members during a difficult time. Having legal guidance can help maintain harmony while ensuring all necessary steps are taken.


Gathering Important Documents
Before meeting with a lawyer, it’s helpful to collect key documents related to the estate. These may include:

  • A valid will
  • Property deeds
  • Bank account information
  • Insurance policy documents
  • Vehicle or boat titles
  • Tax records


Managing Bank Accounts After a Death
Procedures for handling bank accounts vary by region. In some areas, accounts may be frozen automatically upon notification of a death. It’s important to contact the bank right away to understand their process for accessing or transferring funds. If checks made out to the deceased are still being received, it’s often recommended to keep joint accounts open temporarily. To remove a name or gain access to a safety deposit box, a certified copy of the death certificate will likely be required.


Death Certificates
A certified death certificate is needed to settle most matters, including financial and legal affairs. These can be obtained through the funeral home. While photocopies may be accepted locally, original certified copies are often required for out-of-province matters or insurance claims. It’s a good idea to request more than one original if you anticipate needing them.


Creating a Will
Though many people delay it, making a will is an important part of planning. It allows you to outline how your property and assets should be distributed and, if you have children, designate a guardian. To create a valid will, you must be at least 18 and mentally capable. A proper will should:

  • Clearly state it is your will
  • Be typed or printed
  • Be signed and dated
  • Be witnessed by two or three individuals who are not beneficiaries


While a lawyer is not required to write a will, legal support can help avoid future complications. Once completed, your will should be stored securely. Many law firms will keep it on file at no extra cost. Avoid placing it in a bank’s safety deposit box, as access may be restricted after death. Make sure your executor knows where the will is kept.


Understanding Probate
Probate is the legal process of validating a will and distributing a person's assets. The executor named in the will presents the document in court, lists and values the estate's assets, pays any outstanding debts or taxes, and ensures everything is distributed according to the instructions in the will. Probate can take time, but there are ways to simplify or avoid the process-talk with a legal advisor to learn about options available in your area.


Choosing an Executor
An executor is the person responsible for carrying out the terms of your will. They manage your estate, pay any debts, and distribute assets to your beneficiaries. It’s important to choose someone reliable and organized for this role. You can name anyone you trust, but it’s wise to also name a backup, as the person you choose has the right to decline the role.