After the loss of a loved one - Government of Nova Scotia (PDF)

After the loss of a loved one A guide to legal and emotional concerns  After the loss of a loved one A guide to legal and emotional concerns  © Crown copyright, Province of Nova Scotia, 2017  After the loss of a loved one 1 Contents Foreword .............................................................................................2 First Things.........................................................................................3 Collecting the Documents You May Need ........................................ 5 Administering an Estate ....................................................................7 Other Important Tasks .......................................................................9 Meetings to Schedule ......................................................................10 Addressing specific affairs pertaining to the deceased ................11 • Cancelling Benefits .............................................................................12 • Eligibility for Benefits .........................................................................14 • Cancel identity cards .........................................................................15 • Transfer or cancel Motor Vehicle permits and certificates ........16 • Cancel services and financial contracts ........................................16 • Cancel memberships and virtual identities ...................................18 Arranging Bereavement Counseling and Support ..........................19 Some Frequently Asked Questions about Wills, Estates, and Probate ..............................................................20 Legal Words Defined ........................................................................29 Contact information for organizations that you may need to deal with following a death can be found on the inside back cover. This guide is for your information only. It reflects Nova Scotia law at the time of publication. When accuracy is critical, please consult official sources. This guide does not replace the advice of a lawyer. Consult a lawyer to find out how Nova Scotia law applies to your situation. To find a lawyer in Nova Scotia, call the Legal Information Society’s Lawyer Referral Service at 1-800-665-9779.  2 After the loss of a loved one Foreword When someone dies, there are many decisions and arrangements to be made. Sadly, these often must be made at a time of personal distress. This document gives practical information about the organizations that should be contacted and the affairs that should be dealt with following a death. The tasks listed are not necessarily in the order in which they should occur. An insert accompanies this booklet with contact information for many of the organizations you may need. Before you start, it is useful to have relevant documents on hand about the deceased. This should make the task of completing forms or documents easier. A list of these documents can be found on pages 5 and 6. Some of the tasks outlined in this booklet may also be performed by an executor or lawyer. Further information on the executor’s role can be found through the Nova Scotia Department of Justice’s Probate Court. For detailed information on administering an estate, contact the local branch of Nova Scotia Probate court or consult a lawyer to advise you. For an online version of this information, visit accessns.ca/bereavement  After the loss of a loved one 3 First Things Immediately after the death, you may need to • Notify the family doctor. • Contact the funeral home or crematorium. • Locate the will. It may outline the deceased’s wishes with regard to the funeral. If you are unable to locate the will, check with the deceased’s lawyer. • Begin to make funeral arrangements: - The funeral director may ask you to sign a contract to confirm funeral expenses and services. - Expenses are often paid by whoever is left to deal with the estate, unless previous arrangements were made. It is suggested that you keep receipts. You may need them to apply for certain benefits or probate. - The funeral director will transport the body to the funeral home and send the death information to Vital Statistics to be registered.  4 After the loss of a loved one The funeral director can advise you on various aspects of the funeral, including • Issuance of Proof of Death • Planning the funeral service • Explaining traditional or cremation services that are available • Selecting clothing for visitation • Writing the obituary • Choosing flowers • Arranging a cemetery plot, columbarium niche, or mausoleum • Selecting a gravestone and inscription • Organizing a reception following the funeral • Selecting foundations and societies for memorial donations • Completing some administrative procedures related to government services  After the loss of a loved one 5 Collecting the Documents You May Need It is useful to collect the documents you may need about the deceased before you start to deal with official tasks. This should make completing forms or documents easier. A good place to start your search is with the deceased’s wallet. Check off the documents that apply to the deceased: Death certificate from Vital Statistics – needed for some official purposes Proof of death from funeral director – accepted by many organizations Will Passport Health card Driver’s licence Social insurance card Birth certificate Letters of probate or administration Title and deed to property Property tax statements Property lease agreements Vehicle ownership and registration Vehicle leases Banking information Continued ...  6 After the loss of a loved one Mortgage statements Insurance policies Tax information Line of credit or loan statements Permanent residence card Military service record Immigration and citizenship documents Prenuptial agreement Marriage certificate Group benefits coverage Divorce or separation papers Child support documents Articles of incorporation Shareholder agreements Investment certificates and policies Retirement accounts Stock and bond certificates Pension statement  After the loss of a loved one 7 Administering an Estate Administering an estate involves many different processes and requirements, depending on the complexity of the deceased’s circumstances. Contact Nova Scotia Probate Court for more information. They can help you determine the appropriate next steps. You will find their contact information on the insert accompanying this booklet. Each Justice Centre in the province has a Court of Probate. You can also find more information at courts.ns.ca. If there is a will • Contact the executor (the executor is usually named in the will) to enable them to start processes such as obtaining probate, if required. A will sets out how the deceased person wanted their real and personal property to be distributed upon their death. If there is no will • With no will, the deceased is said to have died “intestate.” The Probate court must appoint an administrator (authorized representative) to administer the estate. The estate is then divided according to provincial succession laws. The family can select someone to apply to be appointed to this role. That person must be the age of majority, be mentally competent, reside in the same province as the deceased, and not be in prison. The person selected then applies for a “Grant of Administration.” After the court issues this document, the administrator uses it as proof of their authority to deal with the estate.  8 After the loss of a loved one • Consider contacting a lawyer before attempting this process. • Once the administrator has been determined, that person must adhere to provincial law with regard to distribution or sale of estate assets. Any wishes the deceased person may have expressed during their lifetime about their real and personal property cannot be considered. Some frequently asked questions about administering an estate are answered later in this booklet. See page 20.  After the loss of a loved one 9 Other Important Tasks • If the deceased lived in a retirement facility, ask how much time you have to empty the unit. • If the deceased lived alone, - Secure the place of residence. - Immediately sell or dispose of perishable items. - Advise landlords/superintendents the unit is vacant. - Ensure utilities are dealt with (closed, heat turned down, water shut off). - Remove any valuables for safekeeping. - Firearms could be your responsibility for safekeeping until they have been divested. • If there are beneficiaries who were financially dependent on the deceased, ensure that they have access to adequate cash flow. • If you need access to bank accounts quickly, request a copy of the Proof of Death from the funeral director. If you provide the bank with the Proof of Death from the funeral director and identification as executor/administrator, some financial institutions may release funds to pay prioritized expenses such as probate and property tax, funeral expenses, utilities and insurance premiums. If the bank account was not jointly held, the bank may not grant you access to the funds until you can provide appropriate information. This protects the bank if the funds released are later challenged.  10 After the loss of a loved one Meetings to Schedule Once you have gathered the appropriate documents and protected the estate’s assets, your next step should be to schedule appointments with the deceased’s representatives: Bank: _________________________________________________________ Lawyer: _______________________________________________________ Insurance broker: ______________________________________________ Accountant: ___________________________________________________ Investment representative: ________________________________________________  After the loss of a loved one 11 Addressing specific affairs pertaining to the deceased • Benefits and memberships will need to be cancelled, and as a survivor, you may be eligible for other benefits. • The deceased’s identification needs to be dealt with and organizations need to be notified of the death. Contact these organizations before visiting to determine if an in-person visit is required. This will ensure you take the appropriate documentation with you or determine what documentation has to be provided. • In many cases, the funeral director’s Proof of Death is acceptable and an official Death Certificate from Vital Statistics may not be required. Check with each organization to confirm. Be prepared to show proof of your relationship to the deceased or role as executor by providing supporting documentation.  12 After the loss of a loved one Cancelling Benefits — check all that apply Below is a list of benefits that may need to be cancelled on behalf of the deceased. Mark those that apply to the deceased’s circumstances. 3 Program Name Contact Information You May Need Old Age Security Service Canada - Employee Number - Social Insurance Number - Proof of Death from the Funeral home Guaranteed Income Supplement Service Canada - Employee Number - Social Insurance Number - Proof of Death from funeral director Canada Pension Plan - Survivor’s Pension - Children’s Benefit - Disability Benefits Service Canada - Service Canada representative can assist in determining next steps CPP Retirement Pension Service Canada - Proof of Death from funeral director or Death Certificate - Social Insurance Number Employment Insurance Benefits Service Canada - Employee Number - Social Insurance Number - Proof of Death from funeral director Veterans Affairs: - Veteran’s Independence Program - Veteran’s Disability Pension - War Veteran’s Allowance Veteran’s Affairs Benefits from Other Jurisdictions (such as International Benefits) International Social Security Agreements Canada Child Tax Benefit (CCTB) Universal Childcare Benefit Canada Revenue Agency - Social Insurance Number of the Deceased Harmonized Sales Tax (HST credit) Canada Revenue Agency - Social Insurance Number of the Deceased Federal Government Employee Retirement Pension Service Canada - Proof of Death from funeral director or Death Certificate - Social Insurance Number Continued ...