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Are you looking for a reliable lawyer to secure your family's future? Look no further than our team of wills lawyers in Richmond Hill. We understand the importance of selecting the right legal representation, especially when it comes to distributing your assets after you pass.
That's why our team specializes in will planning to ensure your wishes are carried out the way you intend. Plus, all of our will planning packages come with a power of attorney document for both Property and Personal Care. Don't wait to safeguard your family's future.
Creating a will is an essential legal process that involves documenting your wishes for the distribution of your assets and the care of your dependents after your passing.
If you have children, a will allows you to choose a guardian to look after them in case of your and your spouse's death. Properly planning your will can help reduce potential probate issues and ensure a smooth transfer of assets to your beneficiaries. Defining the distribution of your assets in your will can help ensure that your family members receive their fair share.
A well-prepared will can also alleviate financial burdens for your loved ones and secure their future stability. We are here to assist you in determining the best course of action to safeguard your assets and plans for the future.
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 Richmond Hill to make sure your will is up-to-date.
When a person dies without a Will, it is known as dying "intestate". In such cases, the division of assets is determined by a legal formula used by the Courts. This formula is rigid and is based on intestacy laws.
Without a Will, you have no control over who will manage your estate or be appointed guardian of your children 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 would grant them the legal authority to act as your Executor and administer your estate.
If you create a Will and then get married, it is usually canceled or revoked. However, this only applies if your Will was written in anticipation of your marriage.
If you divorce after creating a Will, any gifts you made to your former spouse will be canceled or revoked. Additionally, any appointment of your former spouse as executor, trustee, or Guardian will also be canceled. This rule does not apply if the Court determines that you did not intend to cancel a gift or appointment by divorcing.
If your marital situation changes or you want to revise your Will, you should seek the advice of our team.
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.
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