Do I need a Will?

Almost everyone needs a Will.  If you die without a Will, and you leave assets of $10,000.00 or more, your estate has to be put through the Probate Court - in some cases, an institution holding estate assets, may require probate to turn over that asset, even if the estate is under $10,000.00)   A Will allows you to pick someone you trust to distribute your estate the way you choose.  Having no Will means that an "Administrator" must be appointed by the Court.   A family member usually applies for this position - a spouse or adult child.   Because there is more work involved (including application for a Court Order), the procedure is more time consuming and costly.   

Having no Will also means that how your estate is divided is decided for you.  A husband or wife, instead of inheriting their spouses assets, must share with their children.  If the children are minors, the Public Trustee is involved and  will keep tabs on the children's portion of the estate until they are adults  (which means the child's share is usually  paid into Court).

BACK TO FAQ'S

When someone dies, leaving an estate worth $10,000.00 or more, their Will is put through to process called 
 probate.  The Probate Registry scrutinizes Wills very carefully.   If a will kit is filled out absolutely correctly they can  work,  however, some of the most common problems associated with Will Kits are: 

             >   If there is any question as to how a Will was witnessed, the registry

                   will demand an affidavit from one of the witnesses - after a few years

                   have passed, it is not always possible to locate your witnesses.

              >   What may seem a clear explanation as to how you want your estate

                    distributed,  may not be as clear to the Probate Registry.  How you

                    word your Will is of utmost importance.

              >    One of the most common problems is how your estate, or a portion

                     of  it,   will be dealt with if  one  of your beneficiaries dies before

                     you. 

BACK TO FAQ'S

The Probate Registry does allow an executor to probate a Will.  You will need a lot of free time  and a lot of patience.  The Registry is thorough and will make no exceptions to their requirements.   It is common to be rejected once or twice before you receive the Probate Grant -you just have to  persevere.

BACK TO FAQ'S

It varies.  Everything depends on how backlogged the Corporate Registry is - four to eight weeks is a normal variance.  The registry does have a "priority fee" system where they will register your company the same day they receive the application for an additional fee of $100.00 (plus the $350.00 regular fee).   That gets you an incorporation date and number - your Certificate of Incorporation  and certified Memorandum and Articles (additional $25.00 fee)  will still take a couple of weeks to be  delivered.  If you want  the documents immediately (2 days),  that costs yet another $100.00 priority fee.

BACK TO FAQ'S

The advantage of a shelf company  is that the company already exists as a numbered company and requiring only that documents be prepared to transfer the company to the new owner saving the normal waiting period of four to eight  weeks that it takes a company to receive the incorporation documents from the Corporate Registry.   A Notice of  Directors, however, still must be filed with the Corporate Registry and may delay opening a bank account in the company name.   Another concern would be if you wanted to rename the company thereby causing yet another delay for getting underway.    It may be to your advantage, if you require a company in a hurry, to register a new company on a priority basis -  the costs and time would amount to about the same.

BACK TO FAQ'S

To be a Notary Public, you  need to be certified to witness peoples signatures.   A Lawyer is also  a Notary Public as part of his or her training - that is, having the ability to "notarize" signatures.   This is where the similarity ends, however,  as a Notary Public,  who is not also a lawyer,  cannot give you legal advice nor are they qualified to do so.   The main reason people use a Notary Public rather than a lawyer, is the misconception that it is much cheaper to have your signature witnessed by a Notary.  Our advice is to phone before making an appointment.    There is usually not a lot, if any, difference in the cost of service and you may be surprised to learn that some Notary Public's charge more.  

BACK TO FAQ'S

In every case.  Personal injury lawyers often do not charge anything for the first appointment.  Even if the lawyers do not take your case, you will learn some things in the meeting which should help you get what you want when you talk to the insurance company.

BACK TO FAQ'S

Right away.  What you tell the insurance investigator early on will frequently come back to haunt your claim.  Once a lawyer explains the issues, you will be in a much better position to answer the investigator's questions truthfully and to your advantage.

BACK TO FAQ'S

Should I negotiate first and only see a lawyer if I am not happy with  my  result?

No - see previous answer.   Insurance adjusters prefer that claimants act for themselves.  They have the advantage of experience.  They prefer claimants who have no realistic idea what their cases are worth.  Unfair bargains frequently result.  If you get an offer, at least run it by an experienced lawyer to test its reasonableness.

BACK TO FAQ'S

What sort of lawyer should I see?

Ask your friends; ask your relatives.  Do not fall prey to the personal injury factories.  Choose an experienced lawyer who has fought cases in court and who is prepared to negotiate hard on your behalf.   Look for someone who has the time to answer your questions and with whom you feel comfortable.

BACK TO FAQ'S

Mediation is a structured negotiation process.  It is a non-binding and user-friendly process where issues, not personalities, are paramount.  Negotiation at mediation frequently brings about a compromise or settlement of the action.

BACK TO FAQ'S

What should I expect to pay a lawyer if he handles my personal injury case?

Fees can vary, depending on the complexity of the case, risk factors, etc.   from 20 percent to a maximum of 33 1/3 percent in motor vehicle accidents.

BACK TO FAQ'S