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Best way to get Wills | Last Will and Testament - Law Wise Professional Corporation 2021-22
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Wills

Last Will and Testament

Last Will and TestamentIt is so important to execute a last will and testament that without having one, Ontario Succession Law Reform Act takes precedence&decides who will receive your money and property. You will not be able to appoint a guardian for your minor children. If you are separated, your separated spouse can inherit your entire estate. As well, you will not be able to choose the person who will distribute your estate, arrange your funeral and ensure that all your debts and liabilities are paid.

We meet with you to establish the communication (assuming it is properly conducted) which allow us to ascertain:

 

∎ Your testamentary capacity.
∎ Whether any undue influence or duress is at play.
∎ Your personal and financial circumstances are relevant to the exercise of drawing a will.
∎ Your testamentary intentions.
∎ Your understanding and approval of the contents of the will as drafted; and
∎ Compliance with signing and witnessing a will as per laid down standards.

 

Any ambiguous and unclear provisions in the will can lead to Will interpretation issues. Our Wills Lawyer will provide you with a draft to review and if everything meets your requirements, we will meet you again to review and execute the Will. We ensure that you and your family are protected during and after your lifetime by assisting you in the preparation of Wills.

 

Mutual wills

Last Will and Testament

Where a marital couple, married or common law, wants to have last wills made for each of them, there is usually an expectation that they have reached a common understanding as to how their respective estates will be disposed of, irrespective of which of them survives the other. This may be so even where either of the parties has children from a prior relationship.

The “mutual wills doctrine” provides that where two parties have made a contract that, having made wills together, neither of them will change his or her will after the death of the other, the survivor takes any property acquired under the will of the deceased on trust, to deal with it in the same manner as is set out in the will that the survivor made at the same time as the deceased made the deceased’s will.

Important Considerations for a Will

Last Will and TestamentIt is important to consider the below issues in order to provide comprehensive instruction to your lawyer so that your Last Will can be properly executed.

Clear & unambiguous provisions in the Will: If the provisions of the will lead to suspicion as to the Testator’s (person making the will) intentions, any of the beneficiaries may challenge the will. The beneficiary can also challenge a will if they are dissatisfied with the Executor’s (person administering the estate) will interpretation.

In certain circumstances, the will’s executor may be personally liable for an incorrect interpretation of the obscure provisions. The will executor needs to be very cautious when administering wills, where will interpretation issues are prevalent. Consulting an experienced Wills Lawyer is advisable in such a scenario to avoid unnecessary and costly estate litigation.

If you are married:

Will planning become more complex as a result of change brought about by FLA in 1986? Absent a marriage contract waiving it, a surviving spouse now has the right to choose between accepting the entitlement under the will and claiming an “equalization payment” representing a sharing of the “marriage spoils.” Unless the will provides that the surviving spouse’s entitlement, if any, under the will is in addition to the equalization entitlement, the surviving spouse will be put to an election, having to choose either the former or the latter.

Having Children or dependents:

Part V of the SLRA is intended to ensure that certain persons who were financially dependent upon the deceased during the deceased’s lifetime, adequate provision having been made by the deceased for those persons.

Family Provisions:

A family member of the deceased person asks for a provision in their estate. The child, spouse or dependent of the deceased person can make a family provision application if they feel they have been inadequately excluded from the will or intestate estate.

Choosing guardian of the minor children:

If there are minor children it is important to nominate a guardian for the minors. An executor may also be appointed as a guardian. The involvement of estate trustees protects the legal interest of those beneficiaries who do not have any guardians or attorneys. If mentally incapable beneficiaries or beneficiaries who don’t have an attorney are present, estate trustees can interact with the Office of the Public Guardian.

Assets requiring specific planning or management:

Estate planning should be done in a comprehensive manner where the will and related factors should be properly laid out in an organized way to avoid future disputes. Though deceased estate litigation cannot be avoided entirely, it can be minimized to a large extent if careful planning and organization are done in advance.

Estate’s Trustee or executor:

Last Will and TestamentThis is an important decision in the entire estate planning to have a trustworthy & dependable Estate Trustee /Executor & an alternative Executor if the main executor dies, incapacitated or removed. Estate Trustees & Executors need to act in the best interest of the estate and its beneficiaries. They have a fiduciary duty to administer the estate as per the testator’s wishes. The executor also has personal liability for any improper conduct related to the management of the estates’ assets. Their responsibilities include collating all the testator’s assets, repaying all the debtors and distributing the balance estate as per the testator’s wishes. A record is also maintained for all their activities and shared with the beneficiaries. An application can be made requesting executor replacements if estate administration is experiencing undue delays or any other obstructions.

Variation of Wills

It is equally important to understand that future event that may require a review of the will to see if it is still appropriate. Such events would include, for example, marriage, divorce, births, deaths, adoptions, changes of domicile or residence, and substantial changes in net worth. We can help you in preparing variation to the original wills & ensure that the last will supersedes the previous wills if any.

Challenging a Will

Last Will and TestamentA will can be contested if a beneficiary believes that the will does not reflect the deceased’s true intentions either due to fraud, duress, undue influence, or forgery. If you wish to contest or challenge the will’s validity, you can do it if you have an interest in the estate either under the will or in intestacy. LAW WISE can help you with Will Challenges.

Application for contesting a will is made to the court where the will is being deposited or probated. If the will has been probated, a motion in court is made to return the Certificate of Appointment of Estate Trustee. You need to challenge the will by moving in a direction. If the will is not probated, a Notice of Objection is filed with the registrar to prevent probation till the litigation is settled.

How Law Wise Wills Lawyer Can Help You?

We understand your specific circumstances and provide tailored &personalizedsolutions &care to each client in a matter of last will and testaments to Ontario that is a vital document through which one can exhibit desires to deal with one’s assets after his or her death. LAW WISE experienced Wills Lawyers can help you with the preparation of your Last Will and testament that will be providing peace of mind to you and your loved ones.

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