North York Law Firm

Will Planning Ontario

5000 Yonge Street, Suite 1901

North York, ON, M2N 7E9

416-730-2835

Free Phone Consultations

9am to 11pm, 7 days

Choose the best law firm for will planning in North York

Choosing a lawyer to represent you is a crucial step in protecting your family's future.

Our team of wills lawyers in North York specializes in determining how your assets will be distributed after your passing.

In addition, all of our will planning packages come with a power of attorney document for both Property and Personal Care.

Understanding the Importance of Will Planning in North York.

Creating a will is the process of legally documenting your wishes regarding the distribution of your assets and the care of your dependents after you pass away.

If you have children, a will allows you to select a guardian to take care of them in the event of your and your spouse's death. Planning your will properly can help minimize potential probate issues, ensuring a smooth transfer of assets to your beneficiaries.

By clearly defining the distribution of assets, you can make sure your family members receive their fair share. A well-prepared will can ease financial burdens for your loved ones and help ensure their future stability. We can help you determine the best course of action to protect your assets and plans for the future.

Legal Requirements for a Valid Will in North York, Ontario, Canada

A. Testamentary Capacity

To create a valid will in Ontario, you need to have testamentary capacity, which means that you should be of sound mind and understand the consequences and nature of making a will.

B. Signing and Witnessing

In addition to being written, a will in Ontario must be signed by the testator and witnessed by at least two witnesses who are not beneficiaries of the will or their spouses. The witnesses must also be present when the testator is signing the will.

C. Revocation and Amendment

A will can be amended or revoked at any time. It is important to update your will if you experience significant changes in your life such as divorce, marriage, or the birth of a baby. You can consult a will law firm in North York to make sure your will is up-to-date.

Ontario Will Planning FAQ

What happens if I don’t have a will?

When you die without a Will, you are considered to have died "intestate". To determine who gets your assets, the Courts will use a legal formula. Your assets will be divided according to the rigid formula laid down by intestacy laws.

You will also have no say over who manages your estate or who is appointed guardian if your children are under the age of eighteen (18).

In the absence of a will, any family member can apply to the court to obtain letters of administration, which gives them legal authority as your Executor and allows them to administer your estate.
If I get married or divorced, does that affect my will?

If you get married after making a Will, it is usually revoked or even canceled. This only applies if the Will was made anticipating marriage.

Divorced spouses can only have their gifts revoked or canceled if they divorce after making a Will. This also cancels the appointment of your spouse as executor, trustee or Guardian in the will. This will not apply, however, if the Court finds that the Will maker did not intend to revoke a gift or appointment by divorcing.

You should consult our team if you want to change your Will, or if your marital situation changes.
What happens to any old wills?

It is essential to locate old Wills to collect them, destroy them, or notify the holders that a new Will was made and they no longer need their services.