It is important for people who wish to stop estate assets from being distributed to know that a certificate of appointment (“Probate") is not always necessary to effect the transfer of assets. For example:
For those who wish to stop the distribution of non-probatable assets it is important to know that more might be required than simply blocking probate by filing a notice of objection.
If the asset in question is real property then one should contact a lawyer and investigate the possibility of obtaining a certificate of pending litigation or caution against title. If one seeks to stop the transfer of shares then one must go to court and seek judicial intervention. Those who ignore these possibilities do so at their peril.ABOUT THE AUTHOR: Charles B. WagnerThe author is a Toronto lawyer at Charles B. Wagner & Associates, which is a boutique litigation law firm that has American and other international clients with commercial and estate litigation cases involving Ontario residents.
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