New Brunswick Wills Estate Lawyers, New Brunswick Elder Probate Lawyers are listed under the following cities:

Moncton | Saint John

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Moncton Elder, Probate, Wills, Estate Lawyers:

Alan Schelew, 506-857-2272
803 Main Street, Moncton, New Brunswick E1C 1G1   Email Website  Mobile Site

Alan Schelew is a lawyer based in Moncton, New Brunswick. Alan Schelew's 38 years of experience will work for you and greatly assist you in the handling of your legal problems. You need someone on your side who knows the issues and will get the results you want. Alan Schelew knows what the problems are and how to effectively and quickly resolve them. His extensive background will put you in a "win-win" position at the earliest possible opportunity. Alan Schelew is uniquely suited to help you with your questions using his life experiences and his legal knowledge to focus directly on the best solution. If you are looking for a Moncton lawyer, Alan Schelew is the right choice.

 

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Saint John Elder, Probate, Wills, Estate Lawyers:

Cox & Palmer
Brunswick Square, Suite 1500
1 Germain Street
Saint John, NB 
E2L 4V1

Phone: 506-632-8900
Fax: 506-632-8809

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Wills Living Wills Enduring Power of Attorney Trusts Estate Probate or Administration Personal Representative

 

 

 

 

 

 

 

 

Wills

When a person dies without a will, all of that person's property is distributed according to a formula fixed by law. Without a will, legal costs are increased. It can also lead to hard feelings. Finally you will have no say as to who will look after your affairs after you have gone.

Preparing a will is relatively inexpensive and not time consuming.

 

Living Wills - Personal Directives

A personal directive is a legal document which gives instructions on major non-financial personal decisions if you cannot make your own decisions:

 

Enduring Power of Attorney

This is only available in some provinces.

This type of power of attorney is sometimes called "durable power of attorney" or "springing power of attorney" which "springs" to life when a certain event, specified in the power of attorney, has taken place.

An Enduring Power of Attorney allows you to appoint a trusted individual who will have authority to run your affairs while you are mentally incapacitated. If you do not have an Enduring Power of Attorney, you will have no control over who becomes your trustee and your spouse and/or family may be forced to hire a lawyer to bring a Dependant Adult Application. There could also be a delay factor in appointing such a trustee which could be detrimental to your estate or business interest.

 

Trusts

A simple definition of a trust is property given by a person called the donor or settlor, to a trustee, for the benefit of another person (the beneficiary or donee).

Trusts are either:

Type of trusts

 

Estate Probate or Administration

When a person dies his estate must be administered and if a will is involved the will must go to probate.

Probate is the Court document which proves the will as the actual last will of the deceased, and confirms the executor.

If the estate is intestate (no will), then rather than probate (which is reserved for wills), the court will issue letters of administration to an administrator. If a will does not name an executor, or if the executor predeceases the testator, or if the named executor declines the position, someone will have to apply to the court as administrator to handle all probate issues.

 

Personal Representative

The term "personal representative" includes executors (where a will names an executor) and administrators (where a person dies intestate, or an executor declines, and the court must name someone to administer the estate).

The office of personal representative is voluntary. Even if you are named in a will as executor, you can decline.

A personal representative has a number of duties:

Some assets do not have to go to probate, such as joint property and RRSPs or insurance policies with named beneficiaries. Property in these are transferred automatically on death.