Do I Still Need to Probate If I Have a Will?

In this video, Vanessa breaks down a common misconception: that having a will automatically means you can avoid probate. She clarifies that probate—formally known as applying for a Certificate of Appointment of Estate Trustee—is not determined by whether a will exists, but by the nature of the deceased’s assets.

If institutions like banks or land titles require proof that the will is valid before releasing funds or transferring property, probate becomes necessary. It’s a form of legal assurance that helps protect third parties and confirms the executor’s authority.

For more information, you can reach Vanessa at vanessa@durhamlawyer.ca