Legal Advice

After a death, there are many legal details to sort through. While in some cases, it is not necessary to get a lawyer, it is strongly recommended. A lawyer will make sure all the “t’s are crossed and i’s are dotted”. The time following a death of a loved one is extremely emotional, and even the closest family will have disagreements over the most trivial matters. To make sure there is still peace in the family, it is a good idea to let a lawyer figure things out.

The handling of bank accounts following a death varies across provinces. Some regions automatically freeze bank accounts upon death. To prevent complications, immediate notification to the bank is essential. Familiarize yourself with the procedures for releasing these funds and establishing a new account for post-death funds. It's advisable to keep a joint account open for at least six months to facilitate depositing any checks addressed to the deceased. Removing a name from a joint bank account typically necessitates providing the bank with a Funeral Director’s Statement of Death or Proof of Death. In the case of a safety deposit box, its contents may be sealed post-death, requiring a Statement of Death and, in some instances, the deceased's Legal Will for access.

A Funeral Director’s Statement of Death is often necessary before anything can be done. This document can be obtained through a Funeral Director. It is a good idea to obtain multiple copies as most agencies require an original and not a photocopy.



The Provincial Death Certificate is required by Land Titles to remove a deceased’s name from the title of the property. The most convenient way to order the provincial death certificate is through the department of Ehealth’s web portal at www.ehealthsask.ca. There you will find instructions on who is eligible to order the death certificate and the process to apply.

Everyone knows they should have a will, but the vast majority – about 70% of us – do not. Writing a will is easy and inexpensive, and once you are done you can rest easy knowing your hard earned money and property will be distributed according to your wishes. As well, if you have children, you can leave instructions on who will be left in charge of them if you pass, leaving that decision out of the courts hands. Making a will is easy, you just need to be at least 18 years of age and must be of sound mind when the will is written. To make a will legal it must:

Probate is the legal process that transfers the legal title of property from the estate of the deceased to their beneficiaries. During the probate process the executor of your will goes before the courts and identifies and catalogs all the property you owned, appraises the property, and pays all debts and taxes, proves that the will is valid and legal, and distributes the property according to the instructions of the will. Probate can be a long, drawn-out legal process, and there are some probate-avoidance plans in place. Simply speak to your attorney to find out what you can do to avoid probate in your area. 

An executor is the personal representative of your estate. They are the person in charge of taking control of your assets, paying off any debts, and distributing assets to your beneficiaries per the terms and conditions of your will. You can choose anyone to be the executor of your will, but it is a good idea to choose someone who is both competent and trustworthy. The person you choose to be executor should be outlined in your will. Someone you appoint to be the executor of your will has the right to refuse, so you should have a backup executor in place just in case.