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Most people have heard someone talk about “getting probate” or paying “probate tax” on an estate, but what exactly is “probate” and what does it have to do with your estate? Probate is the procedure by which the court is asked to give or confirm the authority of a person to act as the estate… Continue reading Probate

Making a will is an opportunity to ensure that your estate provides for your dependants, and benefits those who mean the most to you. For pet owners, this means planning for their pets in addition to their human loved ones. The number one question about pets is always a version of “Can I leave money… Continue reading Your Pet & Your Will

I was recently asked about options for drafting a will where one of the intended beneficiaries identifies as transgendered or non-binary. Statistics Canada just reported that 2021 Census data shows that around one in every 300 Canadians identifies as transgender or non-binary, so this is a timely question. If a beneficiary has made a formal… Continue reading Gender Identity & Your Beneficiaries

To round out our comments on changes to the law relating to Ontario wills, a brief note on electronic wills. And it is very brief, because amongst the changes to estates law in Ontario, the government specifically stated that electronic wills are not allowed.  The continuing requirement for physical signatures (sometimes called “wet” signatures) often… Continue reading No Electronic Wills in Ontario

Prior to January 1, 2022 an Ontario will which was not properly executed according to Ontario law was invalid, and could not be made valid by a Court order even where the deceased’s intentions were clear. This is what is known as requiring “strict compliance” with the legislation compared to the “substantial compliance” regimes in… Continue reading Fixing an Invalid Will

This post looks at another change to Ontario estates law, this time relating to separated spouses. Prior to January 1, 2022, divorced and separated spouses were treated differently for the purpose of gifts in a will, appointments as estate trustee under a will, and inheritance on intestacy.   For the purpose of the new rules, “separated… Continue reading Separated Spouses

The new year brings with it some important changes to Ontario estates law.  Let’s start with marriage, and its impact on the validity of an existing Ontario will.  As of January 1, 2022 marriage does not automatically revoke an existing will. In the past, a will made before marriage was considered revoked when a person… Continue reading Changes to Ontario Estates Law

Estates law is complicated. Seemingly simple decisions can have far reaching consequences, resulting in a significant tax burden to the estate, or accidentally depriving a beneficiary of the gift that you intended them to have. A lawyer knows how to express your wishes, while making your will less vulnerable to challenges. Minimize taxes & avoid costly… Continue reading Top 5 Reasons To Work With A Lawyer

November is Make a Will Month! It is estimated that around 50% of Canadians do not have a valid will. Without a valid will, provincial law dictates how an estate is divided. Don’t let the government make those decisions for you. Some people believe that making a will is difficult and/or expensive, others get hung… Continue reading Make A Will Month