May 2, 2017

If a person becomes mentally incapable of making his/her personal care decisions, someone else must make the decision for him/her. This person is called a “substitute decision-maker”. For some decisions related to medical treatment, the law states that the doctor and o...

April 25, 2017

When a person dies with a Will, the Estate Trustee of the deceased’s estate makes the funeral arrangements. However, when a person dies without a Will, the common law provides that the next of kin has the right to make the funeral arrangements. The spouse (husband or w...

March 2, 2017

A Power of Attorney is required to keep records and be transparent with the handling of funds or activities on behalf of the grantor. There is a process referred to as passing of accounts that can compel the Power of Attorney to produce accurate accounting of his or he...

March 1, 2017

When a spouse passes away not leaving a Will behind, then the Estate of the deceased is controlled and distributed in accordance with the Succession Law Reform Act that provides for a certain preference for the living spouse and distribution to the siblings.

January 12, 2017

Under the Succession Law Reform Act of Ontario, where a person dies intestate i.e. without making a Will, his/her legal spouse is entitled to a “preferential share,” currently fixed by regulation at $200,000. It is calculated only on the assets in the deceased’s estate...

January 11, 2017

The Succession Law Reform Act of Ontario provides that a bequest to a witness or spouse of a witness is void, unless the Court is satisfied that neither the witness nor the spouse exercised any improper or undue influence upon the testator. Where a beneficiary or a spo...

January 10, 2017

In Ontario, a properly drafted Will names an estate trustee(s) who will have the right to deal with the assets in the deceased’s estate immediately upon his/her death. The estate trustee’s authority arises from the Will itself. Where there is no Will, there is no perso...

January 9, 2017

It is possible to make a valid Will entirely in one’s own handwriting with the signature of the testator at the end of the Will. No witnesses or other formalities are required for executing such a Will. Although a Holograph Will is not advisable, it can sometimes be us...

December 20, 2016

Is a Will of a spouse void upon separation of the parties?

  1. Yes

  2. No

No.  When there is a valid Will by one of the spouses or both, parties who separate but are not yet divorced, this does not change the status of the Will or its validity. It is necessary that t...

December 8, 2016

When a person turns18 years of age, and has no assets, should they do a Will and related documents, or should they wait until they have assets or children?

a. Complete the documents at age 18

b. Wait until they have assets

c. Wait until they have children

d. Wait until the...

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