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Dawn Henri
asked
Lynne Butler:
Hi Lynne, How do I deal with obstacles? My father's Will has a witness (law clerk) signature that has a expiry date 2023 Nov. Why? What does it mean? I am POA. I do not expect there will be probate as my father has depleted most of his accounts except for an investment account. The bank demands "originals." I've asked his lawyer for the "originals." They refuse to co-operate with me.
Lynne Butler
Hi Dawn,
Most law clerks and legal assistants are commissioners for oaths. This is a government registration that is renewable every few years. The expiry date you're referring to will be the deadline for that law clerk to renew his or her commission. This does not affect your father's will at all. The law clerk was validly registered at the time of the witnessing and that's all that matters.
You are discussing both probate and POA in the same question, so I'm not sure what "originals" the bank wants. The original will? The original POA? I started off assuming that your father had passed away but when you said you are POA it became contradictory.
Are you the executor named in the will? If so, and if your father is now deceased, the lawyer should be releasing the will to you. You don't say why they refuse to co-operate so I'm left not knowing really what you asked them for or why they refused you, so I honestly can't make any sort of helpful remarks on that part.
Lynne
Most law clerks and legal assistants are commissioners for oaths. This is a government registration that is renewable every few years. The expiry date you're referring to will be the deadline for that law clerk to renew his or her commission. This does not affect your father's will at all. The law clerk was validly registered at the time of the witnessing and that's all that matters.
You are discussing both probate and POA in the same question, so I'm not sure what "originals" the bank wants. The original will? The original POA? I started off assuming that your father had passed away but when you said you are POA it became contradictory.
Are you the executor named in the will? If so, and if your father is now deceased, the lawyer should be releasing the will to you. You don't say why they refuse to co-operate so I'm left not knowing really what you asked them for or why they refused you, so I honestly can't make any sort of helpful remarks on that part.
Lynne
More Answered Questions
Lynne
asked
Lynne Butler:
My mom & live in Alberta. In her will my brother and I are beneficiaries, to each receive 1/2 of her estate. I am the executor. Her financial advisor, who lives in Ontario, wants to put all of my mom's GIC's (invested with numerous insitutions) into joint with my brother and I to avoid probating a large estate (thereby saving on lawyer fees). Is this a good idea? Any pitfalls?
Dawn Henri
asked
Lynne Butler:
I have the contract "retainer" of one lawyer who offers half the rate of the others to do the estate/will dispute. Some of the terms I would like to "qualify" with my own words. But what's in future for the lawyer? Can he pay the rent on office? Will he go bankrupt? I want him to think I have full confidence. I'm trying to get loan from bank for low rate 6%. Should I wait to pay the retainer? Zoom court?
Dawn Henri
asked
Lynne Butler:
I am in Ontario. It's going on one year & still no copy of the Will from the brother. One response from their lawyer saying they are going to probate. I filed Notice of Objection in Toronto. Should I file another Notice of Objection in Kitchener? I want to subpoena to show his bank accounts. I've talked with many lawyers. Am I paying retainer for this time waiting? I want to be careful about paying for no results. ??
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