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Q: Locating Father's will, administrator, and other estate info in Ottawa Canada ( Answered,   3 Comments )
Subject: Locating Father's will, administrator, and other estate info in Ottawa Canada
Category: Relationships and Society > Law
Asked by: railrodder-ga
List Price: $20.00
Posted: 24 May 2004 10:09 PDT
Expires: 23 Jun 2004 10:09 PDT
Question ID: 351198
How do I get information about the handling of my Father's estate in
Ottawa Canada?   He died last year.  My brother is probably the
administrator, but he won't even confirm that.   I have received no
info about a will.  No estate file has been created with the court.  
I've found no particularly useful books or websites about this.   One
problem is that I don't live near Ottawa.

I'd like to start by getting copies of all the papers and info that
I'm entitled to.   I may want to force an estate file to be created. 
I don't want to unnecessarily poison relations with my brother, or to
spend thousands of dollars in legal fees.

Subject: Re: Locating Father's will, administrator, and other estate info in Ottawa Canada
Answered By: emjay-ga on 15 Jun 2004 11:56 PDT
Dear railrodder,

Thanks for your question! In order to give you some guidance I spoke
to a friend who works as a legal assistant at a major Ottawa law firm.
She cautioned, however, that the following information should be taken
as "solid advice based on personal experience," not cut-and-dry legal
advice, since she's not a lawyer herself.

That said, here's what I learned.

There are several approaches you can take to get started. You may want
to begin by contacting the funeral home that handled your father's
arrangements. (If unsure, obtain a certified death certificate as per
instructions below). Ask for paperwork to obtain the Statement of
Death, to which you are entitled as a child of the deceased. You might
also want to find out who authorized the transferal of your father's
body from the hospital to the funeral home. Would anyone besides your
brother have been around at the time of your father's death to make
the arrangements? Would you be able to contact this person for further

Secondly, do you know of any law firms or banks your father may have
worked with, or know how to reach any of your father's friends who
might know? Most mortgages require a will to be created, so if your
father had a mortgage and you are able to contact the bank that issued
it, they should be able to direct you to the law firm that handled the
will. Unless someone else has already done so, you may also be able to
access any safety deposit boxes belonging to your father, which may
contain a will.

Once you obtain a copy of a will, if one exists, you have access to
the estate as kin if no executor has been named.

You mentioned that no file exists with the court for your father's
estate. This would likely indicate that your father didn't have
significant assets - usually an estate file is only created when an
estate goes to probate to deal with large assets (eg house, real
estate, vehicles), especially if the deceased owed money to creditors.
Unless there are sizeable assets to be divided/liquidated, it's not at
all uncommon for no estate file to exist.

If you are unable to obtain a copy of a will or an estate file, you
may, as you mentioned, wish to file a motion to create such a file.
Then you'll know if there's anything worth contesting, or if there's
any estate to speak of. If you decide it's worth contesting the
division of the estate, my friend recommends hiring a lawyer - while
you can represent yourself, you'll likely save time and stress in the
long run by hiring an estate lawyer. While this is a fairly
straightforward area of law, there are certain meticulous sections
which an untrained eye might miss. A tip: you may save money by
contacting a junior associate.

Finally, as a child of the deceased, you are entitled to a long form
certified copy of your father's death certificate, which can be
obtained for $22 CDN by using the form at the following site:

How do I obtain a marriage, birth or death certificate?
< >

You might also wish to check out the following helpful website from
the Ontario government:

What to do when someone dies
< >

You can contact the Ottawa Courthouse estate counter at 613-239-1024.

Finally, here are some Ottawa law firms you may want to contact:

BLG Canada
< >

Frasier Milner Casgrain
< >

McCarthy Tetrault
< >

< >

Soloway Wright
< >

Best of luck with everything. If you require any confirmation or
additional help, please let me know!


Clarification of Answer by emjay-ga on 10 Jul 2004 16:52 PDT
Dear railrodder,

I just came across these resources which could prove helpful to you,
both of them from the government of Ontario:

How to find a will
< >

What to do when someone dies
< >

All the best,

Clarification of Answer by emjay-ga on 10 Jul 2004 17:52 PDT
Sorry, realized I double-posted the "What to do when someone dies" link :)
Subject: Re: Locating Father's will, administrator, and other estate info in Ottawa Canada
From: pepper190-ga on 04 Jun 2004 09:54 PDT
It would be easier if you provided a name or a date of death :)
Subject: Re: Locating Father's will, administrator, and other estate info in Ottawa Canad
From: railrodder-ga on 04 Jun 2004 12:42 PDT
At this point I'm paying for general info on how to do this sort of
thing.   Any lawyer would know that posting personal info on the web
would only poison the situation.   However, I am also interested in
hiring a lawyer to, e.g., file a motion to force probate.   If anyone
else reading this is applying for that job, then give me your email
and we'll go offline to discuss qualifications and rates.
Subject: Re: Locating Father's will, administrator, and other estate info in Ottawa Canada
From: 4keith-ga on 10 Jul 2004 13:10 PDT
You will need to hire a probate attorney in Ottawa to open up the
estate for probate and then ask the court to order brother to produce
the will if he has it, and/or perhaps hire a private investigator
there to do a financial background search on your father to see if he
has assets worth probating.  You can visit the website
to try to find an attorney in Ottawa or just do a GOOGLE SEARCH on the
phrases "probate attorney" and "Ottawa" to see what possibilities come


4KEITH (I'm NOT a GOOGLE Researcher)

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