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Wills & Estates Lawyers Toronto

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Toronto Family Lawyers Advising on Wills and Estate Planning

A will is one of the most important documents a person can ever prepare in their lifetime. Having a valid up to date will is critical in maintaining control over your assets, ensuring that children, spouses and other family members and loved ones are taken care of, and providing for a clear means through which your assets are distributed following your death.

At Gelman & Associates our knowledgeable Toronto wills lawyers have assisted thousands of clients with planning for the future, including estate planning, succession planning, and drafting wills. We take the time to listen to the individual needs and concerns of each our clients in order to deliver the highest level of legal guidance and advice. We care about you and your family and will do our utmost to see that all your needs are met.

Who Should Have A Will?

It is crucial for everyone to have a carefully drafted, up-to-date, and valid will that has been reviewed by a Toronto wills lawyer, as the consequences of dying without a will can be significant.

Contact Gelman & Associates to get started on drafting a will if you:

  • Do not have a will;
  • Are getting married;
  • Are separated or divorced;
  • Are getting re-married;
  • Have a common law partner
  • Are having children.

In addition, if you already have a will, it should be regularly reviewed to ensure that it remains valid through major life changes (such as many of the above).

What Happens if I Don’t Have a Will?

If you die without a will you will be deemed to have died “intestate” (i.e. without having left instructions as to how your property and assets are to be divided and distributed).

In such situations, your property and assets will be distributed according to the intestacy rules in the Succession Law Reform Act, which provides for a regimented distribution of your property, beginning with your spouse, then your children, and so on, rather than according to your wishes.

This can cause challenges for common-law spouses, as spouses from a second-marriage, and others. This also means that your property and assets will not necessarily be divided as you would have wanted it to be divided and in the proportions you would have wanted it to be divided in.

In addition to creating significant problems for your family and other intended beneficiaries, dying without a will can also introduce substantial time delays and considerable costs to managing and distributing your estate.

Not having a will means you are essentially surrendering control over your property and assets to the courts and to the government and allowing them to decide how your estate will be divided and to whom it will go to.

Contact Our Estate Planning Lawyers at one of Our Six Offices throughout North York, Downtown Toronto, Mississauga, Scarborough, Aurora and Barrie

Contact Gelman & Associates today to learn how our lawyers can help you to draft a will, have us review your current will, or help with your overall estate plan. With six offices conveniently located throughout North York, downtown Toronto, Mississauga, Scarborough, Aurora and Barrie, we are easily accessible by transit and off-highway. Call us at (416) 736-0200 or 1-844-736-0200 or contact us online for a confidential initial consultation.

Frequently Asked Questions

Your living will simply expresses your desires for medical care and doesn’t require you to choose someone to act as your personal agent.

While a person is alive, a will doesn’t need to be filed in court to be legal. The only time a will has to be documented is when the person who wrote it dies; then, the will must be submitted with the Clerk of the Court to begin the formalities.

A family cannot override a living will unless it is explicitly stated in the will that they can override or change the wishes stipulated in the will.

A living will deals with end-of-life affairs while you are alive . The will is guaranteed to come into effect some day, while a living will is only there if you need it.

Yes, a living will is legally binding in Canada given that it is drafted and executed properly. In order to ensure that a living will is properly drafted, many people elect to utilize a standard form version of the instrument.

Incapacitation occurs when medical professionals and a court determine that you’re mentally unable to handle your own affairs, such as managing your estate or making choices for yourself.

When informal aid is insufficient, and there is no representation agreement or enduring power of attorney in place, an adult guardian is appointed.

An ordinary power of attorney is only valid as long as the donor can act for him or herself. However, if the donor dies or becomes mentally incapacitated, a power of attorney is invalidated. On the other hand, an enduring power of attorney remains valid despite the donor being mentally incapacitated.

Still have family law questions?

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If you need legal advice regarding wills & succession planning matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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