Wills and Estates Lawyers

Wills & Estates Lawyers

Drafting Wills

Wills & Estates Lawyers

Why do you need a Will?

A Will allows you to do many things, such as suggest what you wish to have done with your remains (cremation, burial, type of service, gathering, donation of organs to science, etc.), to appoint the person(s) that you feel would be best qualified to manage your estate, and would be best able to follow the instructions that you have set out in your Will (Estate Trustee), to make certain that whatever you leave behind will go exactly where you want it to, rather than as the government mandates.

Succession Law Reform Act in Ontario:

The Succession Law Reform Act in Ontario, sets out the procedures for dealing with the affairs of people who have died without a Will, including specifying who is entitled to receive the deceased’s assets. Under the Act, if you are married and die intestate, your spouse will be entitled to whatever you have to a total of $200,000. If you have more than $200,000 in assets, and have children, your children will share equally in the excess over that initial $200,000. If you do not have a spouse, or children, then the Act provides that other blood relatives, such as parents, brothers and sisters, cousins, etc., who will be granted shares in your estate, although they will require a court order to act. In your Will, you can also protect what you leave to a married child, or other beneficiary, from being subject to division or sharing with their spouse if they subsequently separate or divorce. This is commonly called the Family Law Act clause.

There are certain life triggering events that provide a reason to get a properly drafted will. If you get married, any wills made before marriage become invalidated and a new one should be drafted. If you purchase a home, this will reflect a huge change in the value of your estate necessitating the importance of reviewing who your beneficiaries will be for your estate. When you start a business, you should also know that there is a secondary will, or corporate will. In a corporate will, the estate administration taxes owed by your personal estate may be shielded. Lastly, when you have children, it is important to recognize a few things. For example, there may be a need for a guardian where your children are under the age of 18 years, or else legislation will dictate who will care for your children. There are other relevant factors, such as children with special needs, who require certain care as they mature into adulthood. You need a skilled wills and estates lawyer to organize and understand your specific needs as a family.

At Scardicchio Law Office Professional Corporation, our lawyers have the skills and knowledge to help you secure your future with a properly drafted Will.

Call us to discuss your plans. We are here to help.

Call Us Today

wills and estates lawyer Mississauga Brampton Toronto Milton Newmarket Vaughan

Reason #1 to have a Will

If you do not have a will, you cannot select the executor who will administer your estate, and the courts will appoint a person.

Reason #2 to have a Will

If you do not have a will, you cannot select the beneficiaries of your estate. Legislation in Ontario will govern who will inherit.

Reason #3 to have a Will

If you do not have a will and you have children under 18 years of age, their shares will be paid into court and held until your child turns 18 whether or not they are mature enough to manage them.

We Draft Wills In Ontario

Do I need a Will?

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 the purpose of a Will in Ontario?

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.

Are there time-limits that I should know about?

Yes. In Ontario, there are strict time limits which must be followed and a claim must be commenced within a certain time frame. In order to preserve your rights, it is crucial for you to have one of our lawyers meet with you as soon as possible in order to critically assess your case. We are compassionate to your needs and if you are unable to travel to one of our office locations due to your injuries, we will personally meet with you in the hospital or at your home. It is important for a lawyer to review your claim as early as possible.

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.

“Justice denied anywhere diminishes justice everywhere.”

– Martin Luther King Jr.