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Wills and Estates Law: Frequently Asked Questions

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If you are looking to have a Will drafted, contact our Lawyers at Scardicchio Law Office Professional Corporation to discuss your needs.

“Justice denied anywhere diminishes justice everywhere.” 

– Martin Luther King Jr.

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Our team of dedicated Wills and Estates Lawyers can draft your Will today. Contact us today for a free telepone consultation to discuss your case.

Do I need a Will in Ontario?

If you do not have a Will in Ontario, you cannot select the executor who will administer your estate, and the person to fill this role will be appointed by the court. In addition you cannot select the beneficiaries of your estate, as Provincial legislation dictates who will inherit instead. For example, if you have a Common Law Spouse, or same sex partner, he or she will not be considered your spouse for the purpose of dividing your assets upon final death. In addition, if you do not have a Will, and your children are under the age of 18, the children’s shares are paid into the court and held there until the children attain the legal age of majority. Thus, the children will only take their shares at 18, whether or not they are mature enough to receive it. Without a properly drafted Will, there is no flexibility to set up trusts for your child, or considerations as to special needs or capacity.

What is a Power of Attorney?

A Power of Attorney is a legal document that gives someone else the right to act on your behalf. A Continuing Power of Attorney is used to name someone to make financial decisions on your behalf. A Power of Attorney for Personal Care is used to name someone to make personal health care decisions on your behalf.

You may or may not receive a disclosure package from the Crown on this date. You will also be required to set a return date in order to advise the court as to how you will be proceedings with your case. It is advisable to secure legal representation prior to your first court date. A lawyer will be able to secure your rights from the beginning. For example, there are important statements about your case that may need to be addressed before the court and reflected on the record, which only an experienced criminal lawyer can do to protect your rights from the start. Having a lawyer from the beginning of your case will give you the leading edge to ensure the best possible outcome.

What is the purpose of a Will?

The purpose of a Will is to provide for the orderly distribution of your assets upon your final death. Therefore, it is important that you identify all of your assets as well as your liabilities when considering your Will. By considering the above, this enables you to determine with some certainty, the net value of your estate which will in turn be distributed amongst your beneficiaries.


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