will power of attorney lawyer

I own my home and want it to go to my children from my first marriage when I die but I don’t want my spouse to have to move out right away … can I have it both ways?

will power of attorney lawyerThe good news is, yes, it is possible to achieve both of these estate planning goals. The bad news is that the situation can lead to friction among the parties involved.
In a Will, you can grant an individual (or more than one) a ‘life interest’ in a real property. This may be a specific property or may be drafted more generally to include any property that is being used as a principal residence at the date of your death. A life interest gives the individual (or ‘life tenant’) the right to use and occupy the property for the duration of their lifetime. The Will will go on to specify how the property shall be dealt with upon the death of the life tenant.
We often encounter this type of estate planning in second marriages.

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stittsville will lawyer

Did you know that November is ‘Make A Will’ Month?

stittsville will lawyer
Every capable adult 18 years and older should have a Will!

The Ontario Bar Association has deemed November to be ‘Make a Will’ month. What a fitting way to encourage the roughly half of Canadians who don’t have Wills to see to their estate planning.

My affairs are so simple, I don’t think I really need a Will.

Many are surprised to learn that every capable adult over the age of 18 should have a valid, up-to-date Will. Even if a person has very few assets, most people do have something, whether it be some household goods or digital assets such as a Facebook or Instagram account. Also, everyone is required to file an income tax return every year and the year of death is no exception.

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will estate stittsville lawyer

I know I can appoint someone in my Will to have custody of my minor child but I’ve heard the matter will have to go to court…What does the court look at when awarding custody?

will estate stittsville lawyerMost new parents that we meet with are aware that they can name someone in their Will to have custody of their minor children should they die. More often than not, it is this critical appointment that is the driving force behind their estate planning. It is usually the most difficult decision they have to make. What many of these new parents are surprised to learn, however, is that any such appointment is only valid for 90 days.

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will estate lawyer stittsville

I’ve heard the Public Guardian will act as a guardian of property…how does that happen?

will estate lawyer stittsvilleThe Office of the Public Guardian and Trustee (‘PGT’) is under the umbrella of Ontario’s Ministry of the Attorney General. One of the mandates of the PGT is the protection of individuals who have been found to be mentally incapable of managing their property. In such instances, the PGT may become a person’s statutory guardian of property.

Why is it called a ‘statutory’ guardian of property?

The role is called a ‘statutory’ guardian as it is created pursuant to a written law or ‘statute’. In Ontario, that statute is the Substitute Decisions Act (‘SDA’). The statute sets out how substitute decisions makers are appointed, including how the PGT becomes the statutory guardian of property of an incapable person.

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stittsville wills estates lawyer

I’m executor of my brother’s estate….how do I deal with all of his digital assets?

stittsville wills estates lawyer
Unfortunately for executors, there is not much guidance to be gleaned from the law when it comes to dealing with a deceased’s digital assets. Quite simply, the law has not kept up with the rapid pace of technology in relation to what an executor should or should not do with a person’s digital assets upon their death.
That being said, drawing upon what the law does say with respect to how an executor is required to deal with the deceased’s assets and what we know about digital assets in general, here are the steps an executor should take with respect to the deceased’s digital assets:

Steps for Dealing with a Deceased’s Digital Assets

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lawyer kanata will

“My common law spouse and I don’t have Wills. I don’t think that’s a big problem as I’m sure I would still get something if my spouse died. Right?”

What if my common law spouse dies without a Will?

lawyer kanata will
Living common law? Proper planning is essential.

When someone dies without a Will, their estate is distributed according to Ontario’s intestacy laws as set out in the Succession Law Reform Act (SLRA).  The deceased’s estate would consist of those assets that were solely owned by the deceased at the date of their death plus those assets that were payable to their estate such as life insurance or RRSP’s. Generally speaking, assets held jointly with a spouse and assets payable to a named beneficiary would not form part of the estate.
Under Ontario’s intestacy laws, only a legally married spouse is given the right to receive a share of a deceased spouse’s estate. So, in other words, a common law spouse does not have an automatic right to receive any of the estate of their deceased common law spouse.

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