Scarborough Law Firm

Will Planning Ontario

885 Progress Avenue Suite 216

Scarborough, ON M1H 3G3

416-730-2835

Free Phone Consultations

9am to 11pm, 7 days

Choose the best law firm for will planning in Scarborough

When it comes to protecting your family's future, choosing the right lawyer to represent you is crucial. Our skilled and experienced team of wills lawyers in Scarborough can help you determine how your assets will be distributed after your passing.

What's more, to ensure your wishes are carried out as you intended, all of our will planning packages include a power of attorney document for both Property and Personal Care. Take the first step towards securing your family's future today by entrusting our team with your will planning needs.

Understanding the Importance of Will Planning in Richmond Hill.

Creating a will is a crucial legal process that involves documenting your wishes on how your assets should be distributed and your dependents taken care of after your death. If you have children, a will allows you to select a guardian to care for them in case you and your spouse pass away.

Properly planning your will can help reduce potential probate problems and ensure a smooth transfer of assets to your beneficiaries.

By defining the distribution of assets clearly, you can ensure that your family members receive their fair share, easing their financial burdens and ensuring their future stability. We can help you identify the best course of action to protect your assets and plans for the future.

Legal Requirements for a Valid Will in Richmond Hill, 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 Scarborough to make sure your will is up-to-date.

Ontario Will Planning FAQ

What happens if I don’t have a will?

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 I get married or divorced, does that affect my will?

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.
What happens to any old wills?

It is crucial to locate and handle old Wills properly, whether by collecting them, destroying them, or notifying the holders of a new Will.