Wills & Estate Litigation
What is a Will and why do I need one?
A Will is a legal document that outlines how you would like your assets to be distributed after your death.
Getting a Will done is strongly recommended for the following reasons:
You can choose whom you want to be the Executor who will administer your estate. Without a Will, the court will appoint someone;
You can choose to whom to give your assets. Without a Will, provincial legislation determines who inherits and it may not be what you want;
You can set up trusts that will look after the interests of children and disabled family members;
You may be able to save on taxes; and
It will make things easier and less costly for your family members and/or friends after your death.
Why do I need a lawyer to draft my Will?
Lawyers are trained to ensure that everything in your Will is written according to the law. There is a peace of mind that comes with knowing that your Will is drawn up correctly and that your wishes can and will be carried out as specified in your Will.
What are Powers of Attorney and why do I need them?
A Power of Attorney is a legal document that gives someone else of your choosing the right to make decisions on your behalf when you are incapable of doing so yourself, for example, due to illness or injury. There are different kinds of Powers of Attorney in Ontario:
Continuing Power of Attorney for Property: allows someone to make financial decisions for you, including paying your bills.
Power of Attorney for Personal Care: allows someone to make personal care and health decisions for you such as housing, food, and medical treatment.
Having Powers of Attorney is strongly recommended for the following reasons:
You can choose someone you trust to make decisions on your behalf that reflect your wishes. Otherwise, the government may have to appoint someone; and
It will make things easier and less costly for your family members and/or friends.
Why do I need a lawyer to draft my Powers of Attorney?
Lawyers will ensure that your Powers of Attorney are done in accordance with the law and reflect your wishes. In the end, it’s a question of “peace of mind” knowing that they are done correctly.
After a loved one has died, if you believe that his/her Will is not valid and you want to challenge it in a court of law, our lawyers have trial experience in this area and can assist you during this difficult, emotional time.