Appointing an Attorney for Personal Care In Ontario, a Living Will is often called a Power of Attorney for Personal Care and is largely governed by the Substitute Decisions Act. A Living Will gives instructions to a person appointed (the appointed person is called the Attorney for Personal Care) by the person making the Living Will (called the [...]

Toronto Wills Lawyer discusses the definition of ‘estate trustee’ according to Ontario law, including duties of an estate trustee and their payment.

Toronto Wills Lawyer discusses what happens to your property and the tax implications if you die without a Last Will and Testament.

Who Pays the Lawyers in a Wills Court Fight

A Last Will and Testament must be executed properly. “Execution” refers to the process of signing a Last Will and Testament. Part 1 of the Succession Law Reform Act R.S.O. 1990, c.S.26 sets out the specific, strict requirements that have to be followed in order for a Last Will and Testament to be valid when it comes to execution. These requirements are often referred to as “due execution”.

One of the most common legal grounds for challenging the validity of a last will and testament is by alleging that the person who made the last will and testament did not have the mental ability or mental capacity to legally make the last will.

A common ground for contesting a last will and testament arises where a family member of the deceased feels that the deceased was coerced or manipulated into signing a last will and testament that they did not agree with or did not understand. This ground for a will challenge is known as “undue influence”. The issue of undue influence is closely related to the issue of mental capacity, as it will often be necessary that the testator’s mental capacity was diminished at the time the last will and testament was signed, thereby making him or her susceptible to the influence of others. The person challenging the last will and testament must be able to demonstrate that there were suspicious circumstances surrounding the preparation of the last will and testament, and that undue influence actually occurred.

Toronto Wills and Estates lawyer examines the law of family gifts when someone passes away with or without a last will and testament.

The Madsen case once again highlights the importance of having a last will and testament drafted by a competent wills and estates lawyer. In preparation of your last will and testament, our Toronto wills lawyer can insert clauses in your last will and testament confirming your intention with respect to accounts held jointly with your children so that costly litigation and bitter family animosity to prove your children’s entitlement will be avoided.

A Last Will and Testament drafted according to your needs by a Toronto Wills lawyer gives you and your loved ones the peace of mind that you deserve. A Last Will and Testament is one of the most important documents that you will ever sign. It is crucial that your Will accurately expresses your wishes. A Will drafted by a qualified Toronto Wills lawyer ensures that your property is distributed according to your wishes. A Last Will and Testament saves your loved ones much time and expense after you are gone.