Whether you are contemplating executing your own will, challenging a will, or are a beneficiary of a will that is being challenged, our experienced lawyers are always available and ready to assist you.
You can keep the original will yourself or have your lawyer store it for you. If you do decide to keep the original will yourself, and at the time of death the will cannot be found, it may be deemed lost or presumed destroyed by the testator. Without a will, the testator will be found to have died intestate and the Crown will determine how to distribute the property.
For your convenience and peace of mind, Stellar Law provides secure will storage if you do not wish to keep your original will.
A holograph will is a will written in one’s own hand writing. It is a valid form of will in Ontario.
A holograph will does not need to be witnessed or require any other formalities but must contain the signature of the testator at the physical end of the will.
Yes - call one of our lawyers today and they will be happy to assist you with your application to the Superior Court of Justice. It's normal for disputes to arise between the beneficiaries and the estate trustee, or between the estate trustees themselves. Typically, recourse to the court may be necessary to resolve this type of dispute.
The Succession Law Reform Act provides a comprehensive code regarding claims for support by dependants of the deceased.
There is a two-step definition in the code that defines a dependant:
There are a number of ways in which a will can be contested. The following are common grounds for challenging a will:
By having a power of attorney, the grantor of the power of attorney is able to choose someone of his or own choice to act on his or her behalf in the event if the grantor is unable or unavailable to do so.
The process of appointing a decision maker on your behalf without having a power of attorney in the event you are unavailable or unable (i.e. no longer have the capacity to do so) is far more costly and stressful.
There are two types of Powers of Attorney:
1. Continuing Power of Attorney for Property: A continuing power of attorney is someone who you appoint to make decisions in relation to your property if you are no longer capable to do so; and
2. Power of Attorney for Personal Care: A power of attorney for personal care is someone who you appoint to make decisions for you in relation to your personal care. Personal care can include, among other things, the following:
This document is called a continuing power of attorney because it can be used even when the person who gave the power of attorney is no longer mentally capable of making financial decisions for themselves.
The Substitute Decisions Act defines incapacity to manage property as a person who is incapable of managing property because they are not able to understand relevant information when making a decision in the management of their property, or the person is not able to understand the reasonably foreseeable consequences of a decision or lack of decision.
Yes – you are able to revoke a power of attorney as long as you have capacity to do so.
Typically, people chose someone close to them such as their spouse, children, a close friend or relative.
As long as you have the capacity to do so you are able to revoke the appointment of any attorney and choose another person to be your attorney.
Yes - the following are examples of some of the people who are not allowed to be your power of attorney, unless they are related to you:
Please note: Our website contains information only. The information provided in our website is not legal advice and should not be treated, or relied upon, as legal advice on any subject matter. Stellar Law Professional Corporation is not liable for any loss or harm resulting from the use of information provided by this website or any other website published by Stellar Law Professional Corporation. If you require legal advice, please contact us directly for a free consultation.
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