I just wanted to take a moment to spread the word about an upcoming Law Society CLE program. If you have taken the plunge, are considering opening your own firm, or have ever considered such a venture,…
Generally a divorced ex-spouse does not inherit via the Will of a deceased ex-spouse nor under intestacy laws. Any mention of a surviving spouse in a Will which was signed before the date of the divorce is treated as though the surviving ex-spouse had died first. This has the effect of cutting out the surviving ex-spouse. A divorced spouse appointed as an Executor by a Will dated before the divorce is legally not allowed to act as Executor. If a Will was signed after the date of the divorce, any provision for an ex-spouse is valid including the appointment of the former spouse as an Executor.
If you marry after signing a Will and if there is no mention in your Will that you were ‘contemplating marriage’ to your new spouse, your Will is effectively revoked by your marriage. The new spouse has…
If a person becomes mentally incapable and has never signed a Power of Attorney for Property and/or Power of Attorney for Personal Care, it may be necessary for someone to make an application to the court to be the incapable person’s guardian of property and/or guardian of the person.
Unfortunately, guardianship applications can become acrimonious where more than one family member vie to be guardian. What is the court’s reaction when the contesting parties are able to come to an agreement and appear to have settled the differences between them?
Following up on last week’s blog, this week I will discuss gifting a pet to a caregiver and what to consider when making a cash gift to a caregiver.
Gifting a Pet to a Caregiver
Although most of us do not think of our pets as assets, it is important to remember that, for legal purposes, animals are considered personal property. As such, a pet cannot be a beneficiary under a Will. A pet owner can gift his or her pet to another person who then becomes the legal owner of the pet. A provision in a Will directing that a pet be euthanized will likely not be valid as such provisions are considered to be against public policy.
Many of us consider our pets to be beloved family members. It is important to plan appropriately for our pets in the event of our mental incapacity or death. The next couple of blogs will explore some of the issues that should be considered.
Immediate Care after Incapacity/Death
Every pet owner should ask a trusted friend or family member to be the emergency contact to feed and care for a pet in the event of the owner’s sudden incapacity or death.
Question: Would a provision in your Will directing your executor (also referred to as ‘estate trustee’) to use a specific lawyer or other professional advisor be binding?
Answer: In short, probably not. It is likely that such a provision would not be legally binding upon your executor.
Last week, I discussed the basics of a Power of Attorney for Property. This week I will focus on a related, and equally important, document, a Power of Attorney for Personal Care (POA PC).
A POA PC allows the person(s) you have named to make medical treatment and personal care decisions for you but only if you are mentally incapable of making the decision yourself. There are different tests for mental capacity depending upon the decisions that must be made:
Ensuring you have a valid, up-to-date Power of Attorney for Property (POA PPY) is an important part of your estate planning. In a POA PPY, you, the ‘grantor’, name someone as your ‘Attorney’ or ‘substitute decision-maker’ who will make decisions for you if you are unable to do so.
You can name one or more people or a trust company to act on your behalf. With the document in hand, they can deal with your property and financial affairs.
Do you need a document to prove that someone is deceased? For many purposes, a simple Proof of Death or Funeral Director’s Proof of Death may be enough. These are issued to the person arranging the funeral or to the deceased’s Executor, usually at the time of the funeral.
However, in some circumstances a government-issued Death Certificate may be required.