Wills & Estates

Stellar Law

Will & Estates

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:

  • 1. The dependant must be a spouse, parent, child, or sibling of the deceased; and
  • 2. The dependant must also be someone to whom the deceased was providing support or was under a legal obligation to provide support immediately before his or her death.

There are a number of ways in which a will can be contested. The following are common grounds for challenging a will:

  • 1. Non-compliance with the requirements imposed by law;
  • 2. Lack of approval of the contents of the Will;
  • 4. Lack of testimentary capacity; or
  • 5. Fraud and forgery.

Powers of Attorney

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:

  • a. Safety;
  • b. Shelter/housing;
  • c. Clothing;
  • d. Health care; or
  • e. Nutrition and diet.

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:

  • Anyone who provides care for you in your home;
  • Your landlord;
  • Your doctor;
  • Your social worker;
  • Your therapist; or
  • Your nurse or health care provider.

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.

Professional Lawyers

We're here to help

Let our experienced lawyers help you with your legal needs. Whether you're thinking about bringing an action or need help with your business, or have a criminal matter, we are here to assist you. Contact us today to learn more about how we can work together to reach your objectives.

Contact Us

Stellar Law Professional Corporation

Our lawyers are dedicated to providing expert advice and legal services to our community. We are committed to providing you with excellent client service in the most cost effective manner.

At Stellar Law Professional Corporation, we are more than your average law firm, we are dedicated to championing and empowering people to better understand their rights and assist them in seeking to enforce them. We are firm believers of public interest litigation and are passionate about increasing access to justice for our society's most vulnerable members.

Our lawyers embrace challenge and are committed to striving to achieve the best results for our clients.

Meet Our Team
Stellar Lawyers Toronto