In my first ever job interview after law school, I was asked a question that really stumped me… “What is your job as a lawyer?” 

I had so many answers run through my head, but the answer that the interviewing lawyer gave me blew me away… 

“Your job is to help people. You choose a type of problem to solve, and you focus on solving the same problem for different people.” 

I did end up getting that job, but my dream was always to be a family lawyer, which this firm did not offer.  I got a chance to learn a bit about real estate there and quickly discovered that I didn’t want to deal with land disputes. 

I needed to find my calling, and though I do practice family law now, estate law piqued my interest too. Particularly the probate process. 

Probate is one of those legalese words that people throw around without fully understanding what it is or why we do it, but it’s has quickly become one of my favourite areas of law to learn and practice. So let me tell you a bit about what probate is, and why we need it. 

First, I’m going to give you the legalese definition, then I’ll explain it in plain English. Probate is a legal process that confirms the validity of a deceased person's will (if they have one) and appoints an executor (also called a trustee) to administer the estate. Basically, if someone dies and had a will, we want to make sure it’s legit because that’s where their final dreams are written out. Once we know the will is legit, we need to find a trustworthy person (who is usually listed on the will itself) to make sure those dreams become a reality – a trustee. 

My number one take-home advice regarding Wills and Estates would be to have a will. It makes the process a lot easier for everyone, because if there isn’t a will, probate falls into something called intestacy law… Depending on your net worth, intestacy law is not something you want to go through. 

Alright, so we know the probate process appoints someone to deal with the estate of the dead, and we know that any decently drafted will would have listed out who these trustees are, but why do we do this? The answer is simple: people argue about anything and everything. 

Getting probate gives the trustee(s) a physical paper that has been stamped and approved by the court system to deal with the estate. With that piece of paper, a trustee can walk into a bank where the deceased had an account, present that page, and the bank would be required to treat the trustee as if it were the deceased standing there. Without that paper, the bank likely won’t listen to you at all. And it’s not just banks: it’s everyone. That stamp scares any debtor and creditor, and gives you a great level of respect, along with a great deal of responsibility… You, as a trustee are now required to deal with not only the assets, but the liabilities… You need to find out who the deceased owed money to, reach them in the appropriate channels of communication, and pay off any debts. 

I’ve guided a few trustees through the process now and I must admit, being a trustee is like a part-time job without adequate pay (most of the time, more on that next time). Trustees really are heroes without capes; I’ve seen people working 10+ hours a week for months trying to figure this all out. 

To answer the initial question I had at the start of this post, I think my job as a lawyer is to help people solve problems. And death and divorce have become my calling. 

If you are dealing with probate, or if you need a will to avoid having a complicated time with probate, reach out to me and I’ll help you out.