Estates

Where there’s a (real) Will, there’s a real lawyer

It happens often. And I welcome it. I meet with a client to assist in preparing their Will and, at some point when discussing any one of myriad conditions, provisions and possibilities, they’ll ask me, “What would you do, here?” I smile at their confidence in me, but remind them that it’s their Will and so, ultimately, all choices should reflect their personal needs and desires – then I offer suggestions and point out what other clients, in similar situations, have opted for. But their...

Estate trustee responsibilities in Ontario: key duties after a loved one’s passing

The role of an estate trustee is to administer the assets of an estate according to the wishes of the deceased individual, while following the laws governing the administration of estates and trusts in Ontario. Here are some key (but not all) of the responsibilities of an estate trustee.

Challenging a family member’s will: what Ontario law says

We are continuing our blog series about Ontario’s new construction rules with a goal to summarize, in simple language, the recent changes to the Construction Act.

Here’s what you need to know about the construction lien process, what a holdback is and how you handle on your project.

Estate planning and medical assistance in dying (MAID) in Ontario: what you need to know

A Power of Attorney for Personal Care is a crucial legal document that allows you to appoint someone—known as your Attorney—to make personal care decisions on your behalf if you become incapable of doing so. This includes decisions related to your healthcare, medical treatment, housing, hygiene, and daily needs.

This document only comes into effect if you are deemed incapable of managing your personal care. At that point, your appointed Attorney can make important medical and personal decisions

Objection! – Challenging a will and what you need to know

The death of a loved one is always a difficult period. In addition to the grief and mourning process, some may be shocked to discover that the Last Will and Testament (if any exists at all) did not include what they had believed it would.

When these questions arise, often the first question asked of a lawyer is what will need to be done in order to overturn the Will.

This might seem like a simple question, but there are various overlapping factual and legal questions that have to be considered

Dependent’s relief in Ontario: what you need to know

If someone in Ontario passes away and has failed to leave enough financial support for their dependents, the law may require an obligation to provide for a dependent.

In a similar vein to a claim for spousal support or child support in the family law context, the Ontario Succession Law Reform Act (SLRA) permits dependents of a deceased to claim support from any of the deceased’s assets. This can even include assets which ordinarily are excluded from the deceased’s estate.

Special requirements for signing a will: what you need to know

When signing a Will, most individuals can complete the process with a standard witness clause, confirming they signed voluntarily in the presence of two witnesses. However, certain situations require additional steps to ensure the Will’s validity. Whether a testator is blind, unable to sign, or has limited English comprehension, it’s crucial to document the signing process accurately to prevent future legal challenges.

Joint tenancy in an estate plan – Make sure you aren’t inviting a lawsuit!

When planning your estate, you may consider adding a beneficiary as a co-owner of your real property to make it easier for them to inherit it after your passing. This arrangement, known as joint tenancy, allows ownership to transfer automatically when one owner passes away. While this might seem like a simple solution, it can come with unexpected legal risks and may not always achieve the intended outcome.

Why your digital assets must be a part of your estate plan in Ontario

In today’s digital world, your usernames and passwords are just as important as your physical assets when it comes to estate planning. Yet, many people overlook them, leaving their loved ones struggling to access vital online accounts after they pass away.

Save money for your family through estate planning

No-one wants to think about passing away, especially if we’re young or have small children. Unpredictable things happen unfortunately and taking care of your family through estate planning can help your family in many ways.

With a well laid out estate plan, you can minimize the tax burden as much as possible for your loved ones. Even the simplest Will can help to eliminate or reduce government taxes and can also minimize tax your beneficiaries may need to pay on certain assets.

Understanding the terms in your will

Reading through your Will can be confusing, particularly when trying to navigate the various legal terms included. A lot of legal language is used to summarize a long phrase and make your Will as concise as possible. A Will can be anywhere from about six pages to over twenty pages long depending on the provisions you need included. Everyone’s circumstance is unique, and each Will should be tailored to your specific needs.

The grave duty of disposing of remains – Who makes the final call?

When an individual passes away, they often leave specific directions to their loved ones regarding how they would like their remains to be disposed of. But what happens if no such directions are left? Or if the directions cannot be carried out? Are these directions binding? The law provides some guidance for how to resolve disputes relating to a deceased’s remains and whose responsibility it is to heed this guidance.

What’s in your toolkit?

Use the right tool for the right job in the right way!

Agreeing with the principle is easy, deploying it is more complex. Before you can use the right tool, you must know it exists. “If all you have is a hammer, everything looks like a nail” [1] If you are comfortable with a single tool, then you may believe it to be the answer to every problem. The same truth applies in estate planning.

How will your estate be distributed?

What do Jimi Hendrix, Pablo Picasso, Prince, Howard Hughes and Michael Jackson all have in common? They all died without a valid will. But they weren’t unusual. An Angus Reid poll found that 51% of Canadians do not have a will, and 35% of respondents said they had one, but it was outdated.

There are three main considerations if you pass without a valid will.