Claims Under the Estates Act
Once a person dies, a claim cannot be made against the deceased person. However, a claim can be brought against a deceased person’s estate. If you are looking to make a claim or are responding to a claim against an estate, it is important to follow proper procedures. Keep reading this post to learn more about estate challenges and claims that can be made under the Estates Act.
There are various claims that can be brought against an estate, including where the estate owes outstanding debts such as spousal and child support or where an individual performed services that unjustly enriched the estate.
As mentioned above, it is extremely important to ensure proper procedures are followed when making a claim against a deceased person’s estate. The Estates Act provides a faster way of dealing with claims or demands made against an estate through summary procedures. Summary procedures are proceedings that are conducted without formalities such as pleadings and discoveries to receive a faster outcome on a matter.
Rule 75.08 of the Civil Rules of Procedure governs claims that are made pursuant to the Estates Act. Section 44 of the Estates Act sets out the procedure for unliquidated debts while section 45 is used for liquidated debts. A liquidated debt means that the dollar amount owed by the estate is clear and certain, whereas an unliquidated debt does not have a determined amount that is owed.
The Procedure for Claims Under the Estates Act
If a claim is made against an estate in writing or otherwise and the estate trustee is given notice or has knowledge of the claim, the estate trustee can serve a Notice of Contestation (Form 75.13) on the claimant and should include a brief statement of why the claim is being contested.
The person with the claim must serve the Claim Against Estate (Form 75.14) on the estate trustee. The claimant must then file the Claim and Against Estate and Notice of Contestation with proof of service within 30 days after the estate trustee serves the claimant with the Notice of Contestation form.
Once the Claim Against Estate and Notice of Contestation forms are filed, the registrar will open a civil file and set a date for trial. Notice of the application must be served at least seven days before the scheduled date to hear the application for all of the people who are interested in the estate.
The trial will then proceed summarily, meaning that there will be no Order for directions, pleadings or pre-trial discoveries unless the judge orders otherwise. If a claim is established under the appropriate section of the Estates Act, no proceedings shall be started to enforce payment of the claim without the permission of the judge.
It is important to note that both the claimant and the estate trustee must consent to use a summary procedure when a claim is brought. If both parties do not consent, the claimant must start an action to recover their claim per sections 44(6) and 45(5) of the Estates Act.
The lawyers at Tailor Law understand that estate challenges can be extremely complex and difficult to understand. We are here to help ensure that clients receive the best advice when making claims or responding to claims against an estate.
If you are looking for more information about estate challenges and claims under the Estates Act, do not hesitate to contact us and our specialist Wills and Estates Lawyers can discuss your matter in more detail over a free consultation. You can reach our office at 905-366-0202 or contact us through our website here.
Nothing in this article should be considered or relied on as legal advice or opinion. This article only provides general information and should you require assistance, please contact us to book a free initial consultation.