Claim of Under the Estates Act
Once a person dies, they cannot be brought to court. 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. This post will offer insight on how to claim property under the Estates Act.
Claims against an estate include outstanding debts or services that benefited the estate.
The Estates Act provides a faster way of dealing with claims or demands made against an estate through summary procedures. A truncated proceeding is a less formal court process that moves much faster. When a person dies, it is important to make sure that you follow the right procedures when making a claim against their estate.
The Civil Rules of Procedure specifies the rules related to claims under The Estates Act. Sections 44 and 45 of the Estates Act deal with different kinds of debts. Liquidated debt is clear and certain, whereas unliquidated debt has no determined amount.
The Procedure for Claims Under the Estates Act
Claims against an estate must be filed within 30 days of being made. The creditor of a claim must ask permission from the judge to make payment. No Order for directions, pleadings, or pre-trial discoveries unless the judge orders otherwise.
When a party has disputed the will, they must consent to an abbreviated process. 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.