Control: A Will allows you to control how your assets are distributed after your death. Without a will, the distribution of your assets will be determined by the laws of Ontario, specifically the Succession Law Reform Act.

Appoint an Executor: In your Will, you can appoint an executor to handle the distribution of your assets, which can provide peace of mind knowing that someone you trust will be responsible for carrying out your wishes.

Avoid Intestate Distribution: Intestate distribution occurs when a person dies without a will or any other estate planning documents. This can lead to the distribution of assets in a way that does not align with your wishes, or even to unintended beneficiaries. The law is very clear, and is very difficult to deviate from if you do not have a Will. 

Minimize Family Conflicts: When you have a Will, it can help to minimize family conflicts that can arise when there is no clear plan for the distribution of assets.

Protect Minors and Vulnerable Adults: In your Will, you can also appoint a guardian for any minor children or vulnerable adults, ensuring they will be cared for in the event of your death.

A Power of Attorney for Personal Care (POA) is a legal document that grants another person the authority to make decisions on your behalf regarding your personal care and medical treatment if you become incapable of making these decisions yourself. Here are some reasons why you may require a POA for personal care:

Incapacity: If you become incapable of making your own decisions due to an illness, injury, or other medical condition, a POA for personal care can ensure that someone you trust is legally authorized to make decisions on your behalf.

Medical Treatment: If you have specific wishes regarding medical treatment or end-of-life care, a POA for personal care can ensure that your wishes are respected and followed by your appointed attorney for personal care.

Avoiding Family Conflicts: If there is no clear plan in place for personal care decisions, family conflicts can arise over what the best course of action is for an incapable family member. A POA for personal care can help to avoid these conflicts by appointing a specific person to make these decisions on your behalf.

Peace of Mind: Knowing that you have a POA for personal care in place can provide peace of mind, knowing that your personal care decisions will be made by someone you trust if you become incapable of making these decisions yourself.

It is important to note that the laws regarding POAs for personal care can vary by jurisdiction, so it is recommended that you consult with a lawyer to determine the requirements in your specific area.

Preparing a will can be a complex and personal process. Here are some important things to consider as you begin to think about and prepare your will:

Assets: Make a list of all your assets, including bank accounts, investments, real estate, personal property, and any other items of value. This will help you determine how you want your assets to be distributed after your death.

Beneficiaries: Consider who you want to leave your assets to, including family members, friends, and charities. You may also want to consider setting up trusts for minor children or loved ones with special needs.

Executor: Decide who you want to name as the executor of your will. This person will be responsible for carrying out your wishes, paying any outstanding debts, and distributing your assets according to your instructions.

Guardianship: If you have minor children, you will need to consider who you want to appoint as their legal guardian in the event of your death.

Funeral Arrangements: Consider your funeral or memorial service preferences, including burial or cremation, and any specific requests you may have for your service.

Taxes and Debts: Consider any outstanding debts or taxes that may need to be paid out of your estate.

Please contact us if you have any questions about what else to think about so you can prepare a Will.

Yes, it is possible and advisable to update your will as your circumstances and wishes change over time. You can change your Will at any time if you still retain capacity to understand and make changes. This will be determined by your lawyer at the time of the change. If there is any doubt, the lawyer will likely send you for a capacity assessment. 

Here are some common reasons why you may want to consider changing your will:

Changes in Family or Financial Circumstances: If your family or financial situation has changed significantly since you last updated your will, you may want to make adjustments to ensure that your estate is distributed according to your current wishes.

Changes in Beneficiaries: If you want to add or remove a beneficiary from your will, you will need to update your will accordingly.

Changes in Tax Laws: Changes in tax laws may also impact how you want your estate to be distributed, so it is important to review your will periodically to ensure that it remains in line with your wishes and any changes in the law.

Changes in Executor: If you want to change who you have named as the executor of your will, you can do so by updating your will.

Changes in Personal Wishes: Your personal wishes may also change over time, and it is important to update your will to reflect these changes.

You can change your Will at any time as long as you still retain legal capacity. 

To change your will, you can either create a new will or make an amendment to your existing will (also known as a codicil). It is recommended that you seek out a lawyer’s assistance to prepare will so you are sure that it meets all legal requirements in your jurisdiction. Additionally, it is important to ensure that your updated will supersedes any previous versions to avoid confusion or conflicts.

Estate planning is the process of arranging for the management and distribution of your assets after your death. It involves creating legal documents and making important decisions about how your assets will be distributed, who will be responsible for managing your affairs, and how your loved ones will be cared for after your death. Here are some key elements of estate planning:

Wills and Trusts: A will is a legal document that outlines how you want your assets to be distributed after your death. A trust is usually contained in your Will which allows part or all of your estate to be transferred to a trustee, who will manage and distribute them according to your instructions left in your Will.

Power of Attorney: A power of attorney is a legal document that appoints someone to act on your behalf if you become incapacitated or unable to make decisions for yourself.

Health Care Directive: A health care directive is a legal document that outlines your wishes regarding medical treatment and end-of-life care. This is generally contained in your Power of Attorney for Personal Care. 

Guardianship: If you have minor children, you will need to consider who you want to appoint as their legal guardian in the event of your death.

Tax Planning: Estate planning also involves considering the tax implications of your assets and taking steps to minimize any taxes that may be owed.

Estate planning can be complex and may involve multiple legal documents and financial considerations. It is important to consult with a legal or financial professional to ensure that your estate plan meets your specific needs and that all legal requirements are met. We have drafted thousands of wills, and would be happy to assist with yours.

Dying without a will, also known as dying intestate, means that your assets will be distributed according to the laws of your state or country of residence. The laws vary by jurisdiction, but in Ontario, the distribution will follow a predetermined formula based on your familial relationships.

Here are some potential outcomes if you die without a will:

Your assets may not go to the people you would have chosen: If you do not have a will, your assets will be distributed according to the laws of your state or country, which may not align with your wishes.

Your estate may take longer to settle: Without a will, the settlement of your estate may take longer as the courts determine the rightful heirs and distribute the assets accordingly.

Legal fees and court costs may increase: The legal fees and court costs associated with settling an estate without a will can be higher than those associated with a properly drafted will.

Minor children may not be cared for as you would have wanted: If you have minor children, a court may need to determine who will care for them in the absence of a designated legal guardian.

Family disputes may arise: The distribution of your assets without a will can sometimes lead to disputes among family members, which can cause stress and additional legal costs.

In summary, dying without a will can lead to uncertainties, confusion, and additional legal costs for your loved ones. It is recommended that you consult with a lawyer to create a will that reflects your wishes and ensures that your assets are distributed according to your wishes.

An executor is a person appointed in a will to manage the estate of a deceased person, also known as the testator. The executor’s primary responsibility is to ensure that the deceased person’s wishes, as outlined in their will, are carried out. Here are some key duties of an executor:

Probate: The executor is responsible for initiating the probate process, which involves proving the validity of the will in court and obtaining legal authority to administer the estate.

Asset Inventory: The executor must create an inventory of all the assets and debts of the deceased person and ensure that they are properly managed and distributed.

Debt Payment: The executor must pay any outstanding debts or taxes owed by the deceased person before distributing any remaining assets to the beneficiaries.

Asset Distribution: The executor is responsible for distributing the assets of the estate to the beneficiaries as outlined in the will.

Record Keeping: The executor must keep accurate records of all financial transactions related to the estate, including income, expenses, and distributions.

Legal Compliance: The executor must ensure that all legal requirements related to the administration of the estate are met, including filing tax returns and obtaining necessary legal approvals.

The role of an executor can be complex and time-consuming. It is important to choose an executor who is trustworthy, organized, and able to manage the responsibilities of the role. It is also advisable to consult with a legal professional to ensure that your chosen executor is aware of their responsibilities and able to carry them out effectively.

A testamentary trust is a trust that is created through a will and takes effect after the death of the person who created the will, also known as the testator. The purpose of a testamentary trust is to provide for the management and distribution of assets to designated beneficiaries in a manner that is consistent with the wishes of the testator.

Here are some key features of a testamentary trust:

Created by a Will: A testamentary trust is created through the provisions of a will, which outlines the terms and conditions of the trust.

Takes Effect After Death: A testamentary trust only takes effect after the death of the testator and the completion of the probate process.

Managed by a Trustee: The assets held in the testamentary trust are managed by a trustee, who is responsible for administering the trust in accordance with the terms of the will.

Provides for Beneficiaries: The beneficiaries of a testamentary trust can be named in the will and may include family members, charities, or other organizations.

Can Have Tax Benefits: Depending on the tax laws in your jurisdiction, a testamentary trust may provide tax benefits for the beneficiaries or the estate.

Can Have Specific Conditions: A testamentary trust can include specific conditions for the distribution of assets, such as age or other milestones, or the use of funds for specific purposes.

Testamentary trusts can be a useful tool in estate planning, as they allow for greater control over the distribution of assets and can provide tax benefits for the beneficiaries (and assist in protecting beneficiaries from themselves). However, they can also be complex and require careful consideration of the terms and conditions of the trust. It is advisable to consult with a lawyer to determine if a testamentary trust is appropriate for your estate planning needs.

When you create a new will, it typically revokes any previous wills you may have created. This means that the previous wills are no longer valid and cannot be used to distribute your assets.

It is important to ensure that any previous wills are properly revoked or destroyed when you create a new will. This can be done by including language in the new will that revokes all previous wills and by physically destroying any copies of the old wills (including any copies you may have at home). 

If you do not properly revoke or destroy previous wills, it can create confusion and uncertainty about your wishes and can potentially lead to legal disputes. It is therefore important to keep your estate planning documents up-to-date and to review them periodically to ensure that they accurately reflect your wishes.

In Ontario, there are two types of powers of attorney that can be granted: a Power of Attorney for Property and a Power of Attorney for Personal Care.

Power of Attorney for Property: This type of power of attorney gives the person you name as your attorney the power to make financial decisions on your behalf, including managing your bank accounts, paying bills, and managing your investments. A Power of Attorney for Property can be effective immediately or can come into effect only when you become mentally incapable of managing your own affairs.

Power of Attorney for Personal Care: This type of power of attorney gives the person you name as your attorney the power to make decisions related to your personal care, such as medical treatment, living arrangements, and end-of-life care. A Power of Attorney for Personal Care can only come into effect when you are no longer capable of making these decisions on your own.

It is important to choose someone you trust to act as your attorney and to ensure that they are aware of their responsibilities and able to make decisions that are consistent with your wishes. It is also advisable to consult with a legal professional to ensure that your powers of attorney are properly drafted and reflect your wishes.

If you die without a valid will in Ontario, your estate will be distributed according to the province’s intestacy laws, which are set out in the Succession Law Reform Act.

Under the intestacy laws, your estate will be distributed to your next of kin in a predetermined order of priority. This typically means that your spouse (only married at the present time) will inherit a portion of your estate, with the remainder being distributed to your children, parents, siblings, or other relatives in a specific order. Common law partners are not protected in a scenario where there is no Will. 

If you have no surviving next of kin, your estate may be transferred to the provincial government.

Dying without a will can also result in other complications, such as disputes among family members, delays in the distribution of your estate, and increased legal and administrative costs.

By creating a valid will, you can ensure that your assets are distributed according to your wishes and that your loved ones are provided for after your death. A will can also help to avoid disputes and minimize the legal and administrative costs associated with the distribution of your estate.

Not all estates require probate. In general, probate is required when an executor needs to transfer or sell assets that are solely owned by the deceased person, and the value of those assets exceeds a certain threshold. This threshold varies depending on the province or territory in which the deceased person resided.

In Ontario, probate is required if the value of the deceased person’s assets that are subject to probate is $50,000 or more. Assets that are not subject to probate include assets that are jointly owned with another person, assets that have a designated beneficiary (such as a life insurance policy or an RRSP), and assets that are held in a trust.

If the estate consists primarily of assets that are not subject to probate, such as joint bank accounts or assets held in a trust, then probate may not be necessary. However, it is still important to obtain legal advice to ensure that the executor is taking all necessary steps to administer the estate properly.

It is also important to note that even if probate is not required, the executor may still need to file certain tax returns and pay any outstanding taxes owed by the deceased person or the estate. Again, it is advisable to seek legal or professional advice to ensure that all legal and tax obligations are met.

In Ontario, probate is triggered when an executor applies to the court for a Certificate of Appointment of Estate Trustee with a Will. This certificate, commonly referred to as a “probate certificate,” confirms that the deceased person’s will is valid and grants the executor legal authority to act on behalf of the estate.

The need for probate is determined by the nature and value of the assets in the estate. In general, probate is required for assets that are owned solely by the deceased person and have a value of $50,000 or more. Examples of assets that may trigger probate include real estate, bank accounts, investments, and certain types of personal property.

Assets that are owned jointly with another person, such as a joint bank account or a jointly owned property, may not require probate. These assets may automatically pass to the surviving joint owner outside of the estate.

It is important to note that the probate process can be time-consuming and expensive, as it involves filing documents with the court, paying probate fees, and potentially engaging the services of a lawyer or other professionals. To avoid the need for probate, some people choose to structure their assets in a way that allows them to pass outside of their estate, such as by naming beneficiaries on their life insurance policies or RRSPs.

It is always a good idea to consult with a lawyer to determine the best approach for your individual circumstances.

As an executor in Ontario, there are several important steps you should take at the outset of your role:

Obtain the original will: The first step is to locate the original will and ensure that it is valid. If the will is not readily available, you may need to search for it among the deceased person’s personal papers or consult with their lawyer.

Notify relevant parties: You will need to notify relevant parties of the deceased person’s passing, including family members, beneficiaries, and any institutions or organizations with which the deceased person had accounts or memberships.

Secure and value the assets: You will need to take steps to secure and value the deceased person’s assets. This may involve freezing bank accounts, safeguarding personal property, and arranging for appraisals of any real estate or valuable assets.

Determine if probate is required: As mentioned earlier, probate may be required if the value of the deceased person’s assets subject to probate is $50,000 or more. You will need to determine if probate is required and, if so, begin the process of applying for a Certificate of Appointment of Estate Trustee with a Will.

Obtain legal advice: It is important to obtain legal advice to ensure that you are fulfilling your duties as executor in accordance with the law. A lawyer can advise you on your legal obligations, assist with probate or other legal proceedings, and help you navigate any complex issues that may arise during the administration of the estate.

These are just a few of the important steps to take as an executor in Ontario. It is a complex role, and seeking legal or professional advice can help ensure that you fulfill your responsibilities in a timely and effective manner. We offer an Executor Roadmap. Please contact us if you would like a copy. 

As a beneficiary of an estate in Ontario, you have certain rights. Some of these rights include:

Right to be informed: You have the right to be informed about the progress of the estate administration, including any steps taken by the executor, any decisions made, and any distributions made to beneficiaries.

Right to receive your share of the estate: You have the right to receive your share of the estate in accordance with the terms of the will or the laws of intestacy (if there is no will). The executor is responsible for distributing the assets of the estate to the beneficiaries in a fair and equitable manner.

Right to contest the will: If you believe that the will is not valid, you have the right to contest it. This may involve challenging the mental capacity of the deceased person, alleging undue influence, or arguing that the will was not executed properly.

Right to challenge the actions of the executor: If you believe that the executor is not fulfilling their duties properly, you have the right to challenge their actions. This may involve seeking a court order to remove the executor, or seeking compensation for any losses caused by the executor’s actions.

Right to receive an accounting: You have the right to receive a detailed accounting of the estate assets and how they were distributed. This can help ensure that the executor has acted in accordance with their duties and that you have received your fair share of the estate.

These are just a few of the rights that beneficiaries have in Ontario. It is important to seek legal advice if you have any questions or concerns about your rights as a beneficiary or the administration of the estate.

If you are a beneficiary of an estate in Ontario and you do not receive your share of the estate, you may have legal options available to you. Here are a few steps you can take if you believe that you have not received your fair share:

Contact the executor: The first step is to contact the executor and ask for an explanation for why you have not received your share. If there is a misunderstanding or an error, the executor may be able to resolve the issue.

Get legal advice: If you are unable to resolve the issue with the executor, you may want to seek legal advice. A lawyer can help you understand your rights and options and can help you take legal action if necessary.

File a claim in court: If you believe that you are entitled to a share of the estate and the executor is not distributing the assets properly, you may be able to file a claim in court. This can involve seeking an order from the court to remove the executor or seeking compensation for any losses caused by the executor’s actions.

Seek mediation: Mediation is a process where a neutral third party helps the parties involved to come to an agreement. If you believe that there is a misunderstanding or disagreement between you and the executor, mediation may be an option to help resolve the issue.

It is important to remember that the process of receiving your share of an estate can take time, and that seeking legal advice early on can help prevent issues from escalating.