Thank you, Mr. Speaker. In follow-up to my Member's statement, I have a few questions for the Minister of Justice. As I mentioned, there are growing concerns with the wills and estates with my constituents. I would like to ask the Minister: what options do people have when trying to deal with a loved one's estate? Thank you, Mr. Speaker.
Masi. Minister of Justice.
Thank you, Mr. Speaker. There are certain factors that are very important in dealing with estates; certainly, the size of the estate and whether there is a will or not. Now, the public trustee, in certain cases, will assist. Generally, however, they will accept administration of estates where the only beneficiaries are children, the beneficiary is a spouse and a senior citizen. It says over the age of 65, I think, on the website, but they will go as low as 60 in age. Or the beneficiary is mentally incapable or there are significant assets and no next of kin can be found. In other circumstances, generally, the next of kin should contact a lawyer.
If those criteria are met and some other factors come into play, if the deceased person stated in his will that the public trustee was to administer the estate, more commonly, the person dies without a will and there is no one else looking after the estate or the next of kin of the deceased stated in writing that they consent to the appointment from the public trustee as administrator and they have searched but are unable to find a will of the deceased, the public trustee can assist in those circumstances, those criteria that I set out.
I mentioned the size of the estate as being important. Now, estates having a value of under $35,000 fall under a simplified process. The outreach clinic can be of assistance to residents with this simplified process. It is a trying time for families, but there can be help either through a lawyer or the public trustee in some cases or the outreach lawyer. Thanks.
The Minister touched on this, but I will ask it anyway: will the Minister look at expanding the Legal Aid outreach office to cover probating wills?
I realize that this is an important issue; obtaining probate or administration of estate is an important aspect of dealing with an estate. However, we are not contemplating an expansion of services at this time. The success of the outreach program means that there is a full draw on the services now offered. We are not in a position to add new services or enhance the services already offered.
The Minister is a lawyer himself, but I am sure that the Minister also knows that we don't have lawyers on hand in the Mackenzie Delta or even the Beaufort-Delta; I'm not aware of any lawyers situated in Inuvik. Is there any information available to encourage residents to complete wills?
I do realize this is an important issue. Not everybody has easy access to legal advice or lawyers. There is, however, information available. The outreach lawyer has and will go into communities to assist in the preparation of wills in certain circumstances. For clients in the communities, the outreach worker will also prepare simple wills upon request and if there are clear instructions. In some circumstances, for some clients, they will actually prepare the wills. We are making advancements. We do realise that there is difficulty in this area, but I don't think we have the assets or the people available to actually do the probate or administration of the estate.
Masi. Oral questions. Member for Mackenzie Delta.
Thank you, Mr. Speaker. Will the Minister ensure that we have a dedicated person to help residents to settle estates? Thank you, Mr. Speaker.
I certainly realize this is an important issue. I don't think I can make that commitment at this time. Thank you, Mr. Speaker.
