Wills & Power of Attorneys Archives - Douglas Mills & Chapman Mon, 07 Feb 2022 13:09:43 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://www.axesslaw.com/wp-content/uploads/2024/08/180x178-150x150.png Wills & Power of Attorneys Archives - Douglas Mills & Chapman 32 32 What Are Bequests in Wills? https://www.axesslaw.com/what-are-bequests-in-wills/ https://www.axesslaw.com/what-are-bequests-in-wills/#respond Mon, 07 Feb 2022 13:09:43 +0000 https://www.axesslaw.com/business-law/what-are-bequests-in-wills/ Bequests in Wills can be as simple as leaving a friend a favourite book — or as complicated as deciding who gets what shares in a thriving business corporation. But they should be made freely, without interference or undue influence from anyone. First, what are bequests in Wills? Here are six types you should know […]

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Bequests in Wills can be as simple as leaving a friend a favourite book — or as complicated as deciding who gets what shares in a thriving business corporation. But they should be made freely, without interference or undue influence from anyone.

Saving up for property

First, what are bequests in Wills? Here are six types you should know about:

General Bequests

Making financial bequests in Wills from overall assets in your estate is called a general bequest.

Demonstrative Bequests

Bequests in Wills from specific bank or investment accounts are deemed demonstrative bequests. If the account is depleted or closed by the time you die, bequests are withdrawn from your general assets.

Specific Bequests

Specific bequests in Wills are like the book you left your friend. Leaving jewellery, heirloom china, or your vintage Chevy to a beneficiary is making a specific bequest. Include a detailed description, such as the manufacturer, designer, or author, to help your estate trustee locate assets you designate as specific bequests in Wills.

Percentage Bequests

Try percentage bequests if your estate’s value could change in future. For instance, instead of a fixed dollar amount, consider leaving 25% of your estate to each adult child. Minors under 18, or mentally incapable offspring, require an adult “guardian of property” to manage bequests in Wills.  

Conditional Bequests 

You can even make bequests conditional, such as requiring a minor to continue their schooling after you pass on. Naturally, probate courts will only uphold lawful conditions.   

Residual Bequests

Your estate residue is any leftover assets or real property after debts are honoured, funeral and burial or internment expenses paid, and bequests in Wills distributed. Bequests in Wills can certainly be made from the estate’s residue. Many are. 

Read our ultimate guide to Wills

Validating documents forms

What is Undue Influence Anyway? 

Now that you’ve decided on what bequests you want to include in your Will, ensure it is legally valid. Your Will must be your own final testament, signed by you in the presence of witnesses like an Douglas Mills & Chapman lawyer.

No one can coerce you into making bequests, or force you to sign over assets that benefit them without your informed consent. Unsure what constitutes undue influence in a Will? Ontario courts look for the three elements of undue influence in Wills.  

  1. Nature of Relationship — The Will maker experienced outright and overpowering coercion from someone they trusted or placed their confidence in. To prove this element, it’s important to show motive (why) and opportunity (to what end) undue influence occurred. 
  2. Nature of Transaction — The Will was unfair. The party challenging the Will must show they were disadvantaged, or the coercer unfairly benefitted from the Will.
  3. Full, Free and Informed Thought — What proof exists that the Will was freely made? For example, the defendant must demonstrate the Will maker had independent advice, and wasn’t influenced to give them an unfair advantage.

Stopping undue influence in Wills a loved one makes. 

Is Undue Influence Hard to Prove? 

It can be. Read our post for more on how to identify if an Ontario Will may be invalid because of undue influence or coercion. 

Douglas Mills & Chapman ensures directions in Wills are free of undue influence by drafting individual or mirror Wills for spouses, and witnessing their signing. We watch for red flags a Will maker may have been coerced, based on direction from the Ontario Superior Court of Justice (Gironda v Gironda, 2013 CarswellOnt 8612). 

Undue influence — lawyer responsibilities for preventing coercion or unfair persuasion. 

Red Flags to Watch for in Wills

A Will maker may be vulnerable to undue influence if they:

  • depend emotionally or physically on a family member, friend, or other influencer 
  • are socially isolated, involved in a family conflict, or grieving
  • drafted a new Will inconsistent with past versions
  • changed their Will at the same time as other legal documents, such as powers of attorney
  • or the suspected coercer was overinvolved in making the Will — they picked or instructed the Wills and estate lawyer, reviewed a draft copy, or took the Will maker to a lawyer.

Invalid documents that needs to check

Does Undue Influence Invalidate an Entire Will? 

Undue influence doesn’t necessarily invalidate an entire Will. Ontario courts are reluctant to second guess a deceased Will maker. But a court may overturn the contested parts while leaving undisputed bequests intact. 

Your executor obligations and undue influence contract law in Canada. 

Why You Need a Wills and Estates Lawyer

When the potential for undue influence worries you, hire Douglas Mills & Chapman. Our virtual Wills and estates lawyers remote in with you and other family members to draft Wills online.

We scan the room via video camera to confirm who is in the room. Our experienced lawyers for Wills watch for signs coercion or undue influence may be affecting your decision making ability. If it appears a family member or other party is leading the conversation in ways that make you or someone else uncomfortable, we reschedule your legal session to a later date.

Douglas Mills & Chapman uses only secure, confidential video conferencing software to discuss your basic Will. When you’re ready, you can drop into any Douglas Mills & Chapman office to sign your last Will and testament. We give you a copy and, for a modest, one-time fee, keep your original in our convenient Wills storage.

How making a professional Will protects your estate. 

Make Individual or Mirror “Couple” Wills 

Making your Will is so inexpensive you’ll wish you had done it sooner. Douglas Mills & Chapman replaces holographic or handwritten Wills by making a new Will for you. Your new Will is legal, properly witnessed, and signed according to criteria for Ontario Wills.

Make multiple wills – Ontario estates. 

Own a family business or partnership? Douglas Mills & Chapman writes multiple Wills for personal and business use. 

Bring your spouse or common law partner, and save on legal fees by making individual or mirror Wills at the same time. You can make personal bequests to family or friends, and duplicate provisions in your spouses’ Will that protect your family if you die at the same time. 

Save With Flat Fees for Basic Wills

Douglas Mills & Chapman’s basic Wills start at only $199.99 and up plus HST for individuals, or $149.99 each plus HST when you and your spouse or partner attend a single appointment. Power of attorney for property (finances) or personal care can be added for a modest fee at the same time, or you can appoint a power of attorney later.  

Virtual Wills with two powers of attorney are $249.99 and up each plus HST. Pay $299.99 each plus HST when you make your Will in person at an Douglas Mills & Chapman office in Greater Toronto Area or Ottawa. 

Appoint powers of attorney in your personal Will. 

We Have Lawyers for Cheap Wills 

Lower the cost of drafting a first Will or writing a new one when your personal or financial circumstances change. Call Douglas Mills & Chapman at our 647-479-0118 lawyer line, or toll free to 1-877-402-4277

Our virtual Wills and estates lawyers can video conference with you anywhere in Ontario. Call or drop by any open Douglas Mills & Chapman office in Greater Toronto Area or Ottawa to book appointments. Our online booking form takes minutes to use.

Douglas Mills & Chapman has onsite parking, and easy transit access when you need a reliable, affordable lawyer near you.

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Can an Adopted Child Contest a Will of Birth Parents? https://www.axesslaw.com/can-an-adopted-child-contest-a-will-of-birth-parents/ https://www.axesslaw.com/can-an-adopted-child-contest-a-will-of-birth-parents/#respond Sat, 29 Jan 2022 14:20:52 +0000 https://www.axesslaw.com/business-law/can-an-adopted-child-contest-a-will-of-birth-parents/ An adopted child of yours now wants back into your life and Will. Can they do that? Reconnecting with an adopted child can be a joyful time. Now you’re spending more time together, you’re seriously thinking about including them in your last Will and testament. It can’t hurt, you think, and could just heal some […]

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An adopted child of yours now wants back into your life and Will. Can they do that?

Reconnecting with an adopted child can be a joyful time. Now you’re spending more time together, you’re seriously thinking about including them in your last Will and testament. It can’t hurt, you think, and could just heal some old relationship wounds.

Or will it? Family reunions don’t always go well. You could just regret hasty decisions made in the initial excitement of finding an adopted child. Rest easy. 

Adjusting to new home with a new family

Whose Child is This Anyway?

Your Will lets you recognize anyone you want as a beneficiary. That can include a child you adopted out.

But remember, adoption is for life. When you sign an adoption consent form, you lose the right to make decisions for your child. Your financial responsibilities to your child also end. From that point on, your child’s parent is whoever has lawful custody, and that makes your child the legal responsibility of their adoptive parents. 

So while you can include your adopted child in your Will, they are not a financial dependant for Will purposes. Even if your child is a minor when you die, they may not be legally entitled to a share of your estate, and an Ontario court may not overturn your Will for that reason.

What to do if an Ontario adult asks to be adopted and you consent.  

Challenging an Executor of Will in Ontario

Just because Ontario’s law presently prevents an adopted child from overturning your Will by challenging an executor doesn’t mean you may not be served with a legal claim by an enterprising lawyer. (Naturally, adoption doesn’t affect any Aboriginal rights your child has.) 

How to challenge an executor of a Will. 

Expect that the challenger will most likely be unsuccessful. Boer v Mikaloff (2017 BCSC 21) shows where Canadian courts stand on an adopted child’s right to ensure a biological parent’s Will makes “adequate provision” for their proper maintenance and support:

“Because the birth parents cease to have any parental rights or obligations, it must follow that the child ceases to have any rights against the birth parents….” 

Can an Adopted Child Find You?

So what if you’d prefer an adopted child not find you and interfere in your new life? You have reason to worry. With some limits, a child you gave up for adoption can uncover your identity. 

Because Ontario adoption records are open, every biological child has a right to information about you. Fortunately, you also have rights — about what is disclosed, and making contact with your child. 

  • You can ask Service Ontario, or if they were involved, Ontario’s Children’s Aid Society, not to release your identity to children adopted before Sept.1, 2008. You do that by applying for a disclosure veto. 
  • Your identity will be released to children adopted after that date. If desired, you can apply for a no contact notice. 
  • Filing a notice of contact preference tells your adopted child you are willing to meet them, and how they can contact you. 

Challenging a Will in Ontario by applying to be executor yourself. 

Seeking help from professionals/ lawyers

Why You Need a Lawyer

Writing a Will that leaves your personal possessions and real property to beneficiaries of your choice saves your loved ones, or a court-appointed estate trustee, from having to make estate decisions for you. Instead of dying intestate without a Will, you give clear instructions to executors you appoint in advance on how to distribute a lifetime of assets and investments. 

Tips for drafting personal Wills in Ontario. 

Formal Wills protect minor or dependent children who rely on you for financial support. Douglas Mills & Chapman arranges trusts, or appoints guardians of property to take your legal place when you are gone. 

Concerned about how a spouse will manage after you pass on? Who inherits family or matrimonial homes when you die is confirmed when you write a proper legal Will in Ontario.

  • Douglas Mills & Chapman makes real estate gifts to common law spouses normally excluded from property rights under Ontario’s Succession Law Reform Act
  • We assist legally married spouses to apply for the right of survivorship automatically, without going through an Ontario probate court. 

Hire a lawyer for Wills

Whether you’re new to being an estate trustee, or familiar with what to do next, we prepare an application for a certificate of appointment of estate trustee with a Will to file in court. When your loved one dies without an Ontario Will, we arrange for you to apply to confirm your right to legally distribute their estate. You can drop off a copy of their last Will and testament at any Douglas Mills & Chapman office, or email it for a virtual probate consultation.

What now? 10 things new executors must do

Flat Fee Lawyers for Wills or Probate 

You can make new Wills any time your personal or financial circumstances change with Douglas Mills & Chapman’s low flat fee lawyer services. We charge for only the legal services you absolutely need. (Your first probate consultation is free!)

Draft new Wills for $199.99 and up plus HST, or $149.99 each and up plus HST when you bring a legally married spouse or common law partner to the same appointment. Save more by adding power of attorney for personal care and property (finances) at the same time.  

Add power of attorney to Wills and estates in Ontario. 

When travel is an issue, try our virtual lawyer services throughout Ontario. Douglas Mills & Chapman’s virtual Will services are secure, confidential, and convenient. We draft your Will during a remote video conference call, then have you drop by any Douglas Mills & Chapman location to sign. 

You get a copy for safekeeping and, for a modest, one-time fee, we can keep your original in our secure Wills storage. A virtual Will with two powers of attorney is only $249.99 and up each plus HST.  

Prefer to write your new Will in person? You can meet in person, COVID permitting, with an 

Douglas Mills & Chapman Wills and estate lawyer at any of our open law offices. We have experienced Wills professionals near you throughout Greater Toronto Area and in Ottawa. In-person Wills with power of attorney are just $299.99 each and up plus HST. 

Setting an appointment through online platforms

Make Online or Phone Appointments 

Access lawyers anywhere in Ontario using our online booking form. Our Wills and estates lawyers are available 7 days a week, day or evening, whenever you are. You can make your own appointments online in minutes, or get assistance by calling our 647-479-0118 lawyer line (toll free to 1-877-402-4277). Douglas Mills & Chapman has lawyers for Wills or probate attorneys near you, and can book remote online video calls to suit your schedule.

Look for our onsite parking, or take transit to any Douglas Mills & Chapman office location. Getting here is easy.

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Don’t Make These Punctuation Mistakes in Wills https://www.axesslaw.com/dont-make-these-punctuation-mistakes-in-wills/ https://www.axesslaw.com/dont-make-these-punctuation-mistakes-in-wills/#respond Tue, 25 Jan 2022 12:58:03 +0000 https://www.axesslaw.com/business-law/dont-make-these-punctuation-mistakes-in-wills/ Punctuation mistakes in Wills could cause your beneficiaries more grief than solace.  When Dawood Moola, a Brampton emigrant with no family or spouse in Canada, died at 76, his large, extended South African family no doubt grieved his loss. His generosity in life was repeated in his personal Will (Moolla v Rundle et al, 2021 […]

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Punctuation mistakes in Wills could cause your beneficiaries more grief than solace. 

When Dawood Moola, a Brampton emigrant with no family or spouse in Canada, died at 76, his large, extended South African family no doubt grieved his loss. His generosity in life was repeated in his personal Will (Moolla v Rundle et al, 2021 ONSC 7488). 

What his five surviving siblings, and 36 nieces and nephews, weren’t expecting to bear up under was Canadian common law on punctuation mistakes in Wills.

Top 5 mistakes in Wills – avoid these if you can. 

Checking grammatically wrong sentences and punctuation

Why Punctuation Mistakes in Wills Can Be Costly

Making punctuation mistakes in Wills may seem like a minor matter, but Canadian common law on per stirpes and per capita distribution of estates can be unnerving. So it was that, when Moola’s Will left out needed commas, his executor needed the court’s opinion on punctuation mistakes in Wills.

Per stirpes distributions allow testators (Will makers) to bequeath assets to a beneficiary, and have that pass on to a beneficiary’s own heirs. Per capita distributions give a proportionate share of a testator’s personal possessions and real property to all their living beneficiaries, but not future generations. In Moola’s case, five of 10 siblings had predeceased him.

As punctuation mistakes in Wills often do, Moola’s lack of attention to detail created general confusion. As a scribbled note in his Will read, the intended beneficiaries of his estate residue (what’s left over after debts, funeral and burial expenses are paid) were: “my brothers sisters late brothers sisters nephews and nieces”. 

Correcting Punctuation Mistakes in Wills

But what did that scribble actually mean? 

  • Did Moola plan to give his assets to all 10 siblings, with the nieces and nephews of those who predeceased him inheriting their parents’ share (per stirpes)?  
  • Or was his estate to be shared equally by all his beneficiaries, including siblings, nieces, and nephews, but only those who survived him (per capita)? That meant any share his deceased siblings’ children would have received under a per stirpes distribution would be redistributed instead to Moola’s surviving brothers and sisters. 

Tips for correcting mistakes in a Will. 

Sitting in Moola’s place (or “armchair”, as it’s called), Ontario Superior Court of Justice ruled the Brampton senior probably intended to share his wealth with all his family. Without the appropriate punctuation, the court’s armchair ruling concluded Moola meant to bequeath his own nephews and nieces. His estate was divided equally among the five surviving sisters and brothers, and the children of his deceased siblings.  

Correcting wrongs in documents with professionals

Why You Need a Wills and Estates Lawyer

Poor punctuation can make your final Will and testament, like Moola’s, hard to decipher. Douglas Mills & Chapman drafts your Ontario Will error free. Handwritten or holographic Wills you make yourself are perfectly legal, but they may not hold up in an Ontario court if the punctuation is open to interpretation. Ensure yours is clear by having the legal professionals at Douglas Mills & Chapman prepare a new Will for you. 

Essentials you need to know about Wills and estates in Ontario

Your estate trustee will have an easier task of distributing your personal property and investments if your Will is up to date, and reflects the latest changes to Ontario’s Succession Law Reform Act. Douglas Mills & Chapman recommends reviewing your Will yearly to ensure it includes changes to your personal or financial circumstances that could affect your estate.

New family members, marriage, divorce, or separation can all have an impact on who you want to receive your final estate. Neglecting, or simply forgetting, to revise your Will’s contents can place your family at a disadvantage.

Draft mirror Wills for legally married spouses. 

Recent changes to the Succession Law Reform Act no longer automatically revoke a Will when you remarry. Unless you take the necessary steps to change your Will, your ex-spouse may unwittingly inherit the bulk of your estate. 

Our Wills and power of attorney (Ontario) lawyers confirm your legal intentions. We write new Wills that reflect the current state of your financial and marital affairs, all for a modest fee that will make you wonder why you haven’t updated your Will before now.

Get a free consultation with an Ontario probate lawyer

We include appointees for executor, personal representative, or estate trustee, and add alternate or substitute trustees in case your first choices are unavailable or unwilling to administer your estate. Regardless of how experienced your executor may be, our basic Wills are easy to follow. 

And your estate trustee’s first probate consultation at Douglas Mills & Chapman is free! 

Pay Only for the Will Services You Need

Other Ontario law firms may charge significantly more for Wills services you may not necessarily require. Douglas Mills & Chapman’s Wills and estates lawyers keep it basic, and your legal fees reflect it. You get no hidden extras or surprises when we give you our bill because our services are all inclusive.

Appoint a power of attorney for Wills and estates in Ontario. 

New Wills start at only $199.99 and up plus HST or, you and a spouse can make mirror Wills together for just $149.99 each and up plus HST. Our Ontario Wills lawyers can add power of attorney for personal care and property (finances) at the same time for only $99.99 more each, plus HST. 

You save when you make a remote, online video Will and two powers of attorney — just $249.99 each and up plus HST. Or, for $299.99 each plus HST, our experienced Wills lawyers can meet you in person. 

Asking help from professionals

Virtual or In Person Legal Appointments

If you haven’t used virtual Wills lawyers before, you may be pleasantly surprised at how easy it is to make a Will using your home computer, laptop, or any compatible mobile device. You can access lawyers anytime via our secure, online video conferencing service. Drop by any of our open law offices in Greater Toronto Area or Ottawa to finalize your Will by signing it.

Are your documents secure when you use an online virtual notary? 

Easy Online Booking or Phone Us Toll Free

Douglas Mills & Chapman’s online booking form makes it easy to make day or evening appointments, 7 days a week, right from your home or work computer. Phone us if you’d prefer assistance finding dates and times that fit your schedule. Call our 1-647-479-0118 lawyer line, or toll free to 1-877-402-4277 to find a lawyer anywhere in Ontario. We have onsite parking, and easy transit access at all our open law offices.

Find a Wills and estates lawyer near me.

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Who Gets the Royalties in Artists’ Wills https://www.axesslaw.com/who-gets-the-royalties-in-artists-wills/ https://www.axesslaw.com/who-gets-the-royalties-in-artists-wills/#respond Tue, 18 Jan 2022 13:07:01 +0000 https://www.axesslaw.com/business-law/who-gets-the-royalties-in-artists-wills/ Music titans Michael Jackson and Prince are long gone, but the royalties in artists’ Wills can live on for decades. Just ask Elvis Presley’s record company, RCA. Presley and manager “Colonel” Tom Parker cut a $5.4 million deal in 1973 that granted RCA 100 per cent of all future royalties on his recordings before that […]

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Music titans Michael Jackson and Prince are long gone, but the royalties in artists’ Wills can live on for decades. Just ask Elvis Presley’s record company, RCA. Presley and manager “Colonel” Tom Parker cut a $5.4 million deal in 1973 that granted RCA 100 per cent of all future royalties on his recordings before that date. Nearly 50 years later, Presley’s songs are rumoured to generate a cool $60 million annually.

Who will get the last will if you're gone

You’re Never Too Old (or Dead) to be Sued

“Star Spangled Banner” guitar legend Jimi Hendrix blazed a fiery path across rock stardom before dying in 1970. His estate and Sony Music recently asked a New York City court to deny a claim by beneficiaries of bassist Noel Redding and drummer Mitch Mitchell for a slice of what can be lucrative, lifetime royalties in artists’ Wills.

The afterlife — Prince’s estate and protecting royalties in artists’ Wills.  

Haunting Business: Who Gets MJ’s Royalties?

Demonstrating just what we mean when we say royalties in artists’ Wills can come back to haunt you, “Thriller” and “Bad” producer Quincy Jones won a $9.4 million judgment against Jackson’s estate in 2017. The decision came eight years after the Jackson 5 child star and brilliant singer-dancer-lyricist died, and on top of the nearly $18 million Jones had already earned. “Thriller” was 19th on Billboard’s Hot 100 song list in 2021.

The ultimate guide to types of Wills in Ontario. 

Do Royalties in Artists’ Wills Ever Die?

Royalties in artists’ Wills do eventually dwindle. In Canada, copyright lasts 50 years, and in the U.S., 75 years. That said, licensing and selling your works after you die can get messy for your estate trustee and beneficiaries. 

Picture this, who will:

  • defend your copyrights
  • ensure your work is trademarked
  • collect royalties to disburse to beneficiaries
  • or authorize sellers to carry your “merch”

if you neglect or forget to protect your artists’ royalties in Wills?   

What to do when the deceased left two Wills

Talking to lawyers to handle your case

Why You Need a Lawyer for Royalties in Artists’ Wills

Making a Will to protect royalties in artists’ Wills just makes sense. Using Douglas Mills & Chapman’s experienced Wills and estates lawyers ensures your beneficiaries don’t get left out in the cold when you pass on.

Just as an example, handwritten or holographic Wills can be challenging to write in ways that ensure your personal possessions and real property are distributed as you intended. They may leave out important details an Ontario court requires to declare your last Will and testament as valid. 

When to make a professional Will in Ontario. 

Say you die unexpectedly, with a holographic or handwritten Will you think will cover off your estate wishes. An incomplete Will could leave those who rely on you most for financial support emotionally distressed, or in dire straits while they wait for your estate to be settled.

Your executor can take months, and potentially more if your estate is wrapped up in lengthy lawsuits or court challenges by beneficiaries, to distribute your estate. Do you really want your family to wait and wait if your final Will is defective?

Update personal Wills with a lawyer for Wills and estate. 

Worst case scenario, your Will may be contested in an Ontario probate court by beneficiaries who hoped or expected to receive certain assets from your estate. They may even challenge your decisions about who to appoint as your estate trustee, executor, or personal representative. 

Probate courts rarely overturn a deceased’s final wishes, provided they are clear and legally valid. That’s why we recommend making a professionally prepared Will every time your personal circumstances (marriage, separation, divorce, adoption, or new parent) or financial wealth change.

Douglas Mills & Chapman ensures when you make Wills in Ontario that they are signed and witnessed by only those parties legally allowed to do so. We give you a copy to keep, and if you like, for a modest, one-time fee, we keep the original in Douglas Mills & Chapman’s Wills storage.

Why hiring a lawyer for Wills could save you money.  

Making a Will Just Got More Affordable

Douglas Mills & Chapman caters to singles and couples, with low, flat rate lawyers for individual Wills, or mirror Wills for you and your spouse. Make a basic Will for less, or come in with your legally married or common law spouse to make two Wills at once. You can even make personal Wills for yourself, and multiple Wills for business interests.

Make multiple wills – Ontario estates

Our basic Will fees start at $199.99 and up plus HST. Couples pay only $149.99 and up each plus HST to draft mirror or individual Wills in a single appointment. You can make individual bequests, or if you prefer, duplicate key provisions in your spouse’s or partner’s Will to protect your children’s interests after you die. 

Add power of attorney for finances (called property) or personal care when you write your Will, or we can include it later. You pay just $249.99 and up each plus HST for a virtual Will and two powers of attorney, or $299.99 each plus HST if you make your Will in person. 

Include powers of attorney in an Ontario Will. 

Can Douglas Mills & Chapman Recommend a Lawyer for Wills Near Me?

We can. In fact, you can meet with Wills and estate lawyers from your home or office when you use Douglas Mills & Chapman’s virtual lawyer services. Use any home computer, laptop, or compatible mobile device to talk to our licensed legal professionals anywhere in Ontario. 

We use only secure, confidential video conferencing software to put your Will in order. Drop by any Douglas Mills & Chapman office to finalize your Will. We give you a copy and, for a modest, one-time fee, can keep your original in our convenient Wills storage.

Using a virtual notary in Ontario — it’s easy and affordable.  

Finding a good lawyer to help you

Find a Lawyer for Cheap Wills in Toronto, the GTA or Ottawa 

Book remote video calls from anywhere in Ontario, or make in person appointments at any open Douglas Mills & Chapman office in Greater Toronto Area or Ottawa. Pick times and days that are convenient for you by using our online booking form, or call us to discuss your appointment. Dial our 1-647-479-0118 lawyer line, or toll free to 1-877-402-4277, to find a lawyer for Wills and estates near you. 

Douglas Mills & Chapman has onsite parking, and easy transit access.

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Are Oral Wills Valid? https://www.axesslaw.com/are-oral-wills-valid/ https://www.axesslaw.com/are-oral-wills-valid/#respond Tue, 28 Dec 2021 01:13:56 +0000 https://www.axesslaw.com/business-law/are-oral-wills-valid/ Leaving videotaped greetings for viewing after you depart can be heart warming for loved ones and cherished friends. But there’s quite a difference between wishing your successors well and making videotaped or oral Wills. Douglas Mills & Chapman ensures your last Will and testament holds up under legal requirements for Ontario probate courts. We replace oral Wills […]

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Leaving videotaped greetings for viewing after you depart can be heart warming for loved ones and cherished friends. But there’s quite a difference between wishing your successors well and making videotaped or oral Wills.

Douglas Mills & Chapman ensures your last Will and testament holds up under legal requirements for Ontario probate courts. We replace oral Wills or videotaped promises made with the best of intentions with a valid basic Will.

Sue over promissory notes you want to collect.

Types of Wills in Ontario

Last-minute Wills can turn into a frantic effort to see an Ontario estate go where the Will maker or testator intended. Douglas Mills & Chapman discourages ill or injured parties — friends, family members or you — from making oral Wills or videotaping final wishes.

While oral Wills may be legal elsewhere, Ontario probate courts may reject unsigned Wills that don’t comply with the province’s drafting rules. That includes oral Wills or videotaped versions.
A handwritten or holographic Will made and signed by the deceased will be upheld if a professional Will signed by two independent witnesses is missing. You may not know it, but Ontario has strict criteria for valid Wills.

Mirror Wills for spouses and other types of Wills in Ontario.

Verbal Promises and Contract Law in Ontario

Verbal promises made while the deceased was alive may fall under contract law. Even then, without a witness, signed correspondence or verifiable email as backup, Ontario courts have only your word any potentially legally binding commitment was made.

It can be coercion to force a Will maker to follow through on verbal promises by signing them into legal existence. Courts overturn contracts, including Wills, made as a result of undue pressure or influence.

Why You Need a Lawyer for Wills

Douglas Mills & Chapman Wills and estates lawyers make Wills that satisfy legal criteria in Ontario. You need not worry your Will could be successfully challenged on its technical merits alone — by creditors or beneficiaries — when it complies with Ontario estate law.

Don’t make oral Wills by mistake when you can hire a professional for so little.

Making a last Will and testament well in advance assures you and your loved ones your estate is not left to chance. Douglas Mills & Chapman Wills are legally valid and binding on executors, estate trustees or personal representatives you appoint yourself.

What is probate and how it affects Wills in Ontario.

When you die without a Will or make oral Wills, your estate is left to an Ontario probate court to disburse. A judge with no knowledge of your family or estate makes decisions based on the provincial Succession Law Reform Act. Assets you meant to go to specific family members or friends are distributed by a court official according to a formula you have no control over.

Your long-divorced spouse may even inherit the bulk of your estate if your Will is out of date. Think how a new common law partner or biological children will feel about that.

How to protect assets from divorce.

Find a Wills or Probate Lawyer Near You

Writing a will in Ontario is quick and convenient when you use Douglas Mills & Chapman. Your testamentary Will is a valid legal document your executor can take to Ontario probate court to settle your estate.
Douglas Mills & Chapman minimizes the time and confusion required in making changes to Wills you may have drafted in past. We prepare new Wills every time to prevent outdated or invalid Wills from being presented to a probate court by an estate trustee who applies to represent you.

Get a certificate of appointment of estate trustee with a will (Ontario).

Your executor will need your last Will and testament and any changes to get the court’s permission to distribute your estate to beneficiaries. Why make their task more difficult by forcing them to hunt for Wills that may or may not be current? Making a new Will puts your latest estate plans in their hands. We give you the original and you can make as many copies as you need.

Flat Fee Legal Services at Prices You Can Afford

Douglas Mills & Chapman drafts basic Wills to ensure your estate goes where you intended. Looking for cheap Wills Toronto? Our flat fee legal services are affordable and all-inclusive. You get only the services you need. Douglas Mills & Chapman’s low cost Wills lawyers charge no extra fees or hidden expenses.

Grant power of attorney to someone you trust.

Making completely new Wills starts at $199.99 and up plus HST or $149.99 each and up plus HST for couples who make individual mirror Wills together. Including power of attorney for both personal care and property (financial assets) costs just $99.99 more plus HST when made at the same time as your Will.

For $299.99 plus HST, our lawyers for Wills meet you in person or save time and money with remote, online video calls. They’re secure and confidential. Douglas Mills & Chapman virtual Wills with power of attorney start at $249.99 each and up plus HST.

What goes into an Douglas Mills & Chapman basic Will.

Virtual or In Person Legal Appointments for Less

Book online or make appointments by phone or in person. Dial our 647-479-0118 lawyer line or toll free to 877-402-4277 for lawyers for Wills and probate lawyers near you.

Drop in to book in person appointments at Douglas Mills & Chapman locations in Greater Toronto Area or Ottawa, 7 days a week. Day or evening appointments are available, at your convenience. Check out our onsite parking and easy transit access.

Can’t leave your home or office to prepare your Will? Don’t make that a reason to put it off. Douglas Mills & Chapman virtual Wills lawyers video conference with you online at times that work for you. Our remote Wills services are confidential and secure. Just stop by any office to sign.

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Investments vs Life Insurance in Wills https://www.axesslaw.com/investments-vs-life-insurance-in-wills/ https://www.axesslaw.com/investments-vs-life-insurance-in-wills/#respond Wed, 22 Dec 2021 23:40:06 +0000 https://www.axesslaw.com/business-law/investments-vs-life-insurance-in-wills/ Investments or life insurance — making the right estate decisions for your family is time well spent. Whether you plan an elaborate portfolio of stocks, bonds and RRSPs or satisfy all their financial needs by buying a life insurance policy is up to you. Whatever you decide, you can be assured your family will be […]

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Investments or life insurance — making the right estate decisions for your family is time well spent.

Whether you plan an elaborate portfolio of stocks, bonds and RRSPs or satisfy all their financial needs by buying a life insurance policy is up to you. Whatever you decide, you can be assured your family will be cared for when you draft a valid Will in advance.

Douglas Mills & Chapman arranges Wills and estates (Ontario), virtually or in person, 7 days a week.

What goes into writing a basic Will.

What’s the Best Investment for You

That depends on your age, wealth and financial goals.

If you’re just starting out, term insurance can be a good investment. It costs less than whole or universal life insurance policies while you’re young and can be increased or renewed as your income grows.

Later in your career, you may have discretionary income to invest. Putting money into an aggressive investment portfolio may suit your risk taking style. Or you could opt for steady growth over time, by choosing options like RRSPs and mutual funds.
Whole life or universal policies can be the better choice as you age. Premiums stay relatively the same for whole life policies and universal premiums can be negotiated as you go along. Term insurance, on the other hand, can be costly for older investors.

Hiring a financial planner to plot out your strategy is a wise investment in your families’ and your own future.

Who Gets Life Insurance When You Die

Leaving life insurance to your estate, instead of specific beneficiaries, makes it time consuming for your executor to unwind your assets. When you agree to make your estate the policy beneficiary, your estate trustee estimates the value of your life insurance benefits for Ontario probate court and pays estate administration tax on it.

Minors or dependant adult children, or a beloved spouse living on fixed or retirement income, may be counting on your life insurance proceeds to pay their day-to-day expenses. Making your estate the beneficiary may force them to wait for your life insurance benefits to clear probate court before they can be distributed.

Include minors under 18 in Wills.

When you’d prefer that loved ones receive financial assistance right away, specify who you want to receive your life insurance when you sign the policy. Amending a life insurance policy or investment portfolios to remove “estate” from the beneficiary line takes only minutes and is well worth it.

Working on life insurance

Who Pays Taxes on Life Insurance

Your beneficiaries receive the proceeds of your Ontario life insurance policy entirely tax free. Canada Revenue Agency taxes only you on:

  • capital gains or the value of your estate after death
  • interest and dividends you accrue or withdraw while alive
  • or your policy’s cash surrender value if you terminate it.

Your estate trustee files your final income tax return and settles any taxes that may be due by drawing on estate assets or life insurance benefits you pre-arrange for that purpose.

How to file probate papers in an Ontario court.

Deciding on Whole, Term or Universal Insurance

We can’t advise you on whether or how to choose a life insurance policy for your estate. But if you do:

  • Whole life policies are managed by insurance advisors, who pick investments for you.
  • Universal policies allow you to tinker with your investments. How well your policy performs depends on your financial decisions.
  • Death benefits in whole life insurance are predictable.
  • Universal death benefits fluctuate as your investments shrink or expand.
  • Term policies depend on the amount of insurance you purchase.
  • Whole life premiums stay the same for the life of your policy.
  • Premiums for universal policies can be adjusted to suit your budget and the cash value of your portfolio.
  • Premiums for term policies may increase or expire as you age.

The ultimate guide to choosing the type of Will you need.

Discussing with lawyers

Why You Need a Lawyer

Having even a basic, professionally prepared Will can ensure your financial and personal assets are passed on to beneficiaries of your choice. Instead of leaving your estate to an Ontario probate court to sort out, you designate who receives life insurance or investments you may have worked a lifetime to save for.

Douglas Mills & Chapman drafts Wills in Ontario that meet legal criteria for making bequests to family members, friends or charities of your choice. No need to worry that your handwritten or holographic Will may be declared invalid by an Ontario probate judge when you have an Douglas Mills & Chapman lawyer draft your Will.

Why hiring a lawyer to draft your Will makes sound financial sense.

Recently married, separated or divorced? You could be inadvertently omitting new beneficiaries or leaving assets to a spouse you no longer wish to benefit from your estate just by neglecting to refresh your Will. Writing new Wills is quick and economical at Douglas Mills & Chapman.

And if your estate trustee needs probate advice, their first consultation with Douglas Mills & Chapman is free!

Flat Fee Legal Services You Can Afford

Douglas Mills & Chapman’s flat fee legal services for Wills and estates are affordable and convenient.
Use our virtual lawyers for Wills for secure, confidential video call conferences anywhere in Ontario. If you prefer to meet in person, we have lawyers specializing in Wills in Ottawa or Greater Toronto Area available day or evening, 7 days a week.

You pay just $199.99 and up plus HST for basic Wills or $149.99 and up plus HST each when you and your spouse or partner make mirror or individual Wills at the same time. Include power of attorney for finances (property) and personal care for $249.99 and up plus HST (for virtual legal services) or $299.99 and up plus HST when you make a Will in person.

Make Appointments Online or By Phone

Douglas Mills & Chapman locations in Greater Toronto Area and Ottawa have Wills and estate lawyers who can make a new Will every time financial changes to your wealth affect your beneficiaries.

Book virtual video calls anywhere in Ontario or make in person appointments at any of our Douglas Mills & Chapman locations. Online booking is easy to do or call our 647-479-0118 lawyer line (toll free to 877-402-4277) and ask for Wills lawyers near you.

Onsite parking and transit access make getting here easy.

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4 Ways to Prevent Estate Disputes in Wills https://www.axesslaw.com/4-ways-to-prevent-estate-disputes-in-wills/ https://www.axesslaw.com/4-ways-to-prevent-estate-disputes-in-wills/#respond Mon, 20 Dec 2021 12:55:45 +0000 https://www.axesslaw.com/business-law/4-ways-to-prevent-estate-disputes-in-wills/ Your Last Will and Testament need not be a work in progress. Write your Will in a way that minimizes estate disputes. Disputes among beneficiaries or confusion by an estate trustee can keep your estate in limbo for months or years to come. Make your intentions clear by drafting your Will to avoid these common […]

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Your Last Will and Testament need not be a work in progress. Write your Will in a way that minimizes estate disputes.

Disputes among beneficiaries or confusion by an estate trustee can keep your estate in limbo for months or years to come. Make your intentions clear by drafting your Will to avoid these common estate disputes.

Dispute solutions

1. How Your Money is Being Managed.

Executors of a Will have a say in how your money is managed after you pass on. After all, you appointed them to collect, appraise and value your assets and to ensure estate investments return a profit.

Your personal representative can be called on to make new investments or close unprofitable accounts without any input from beneficiaries. If that’s not to your beneficiaries’ liking, anyone with a financial interest in your estate can make an application to the court to have your executor pass the accounts.

That will require your estate trustee to file financial records in court for your beneficiaries to review. Their money management tactics could be disputed by a judge or party to your assets.
Before your estate plans get dissected by a court, make a financial plan with an investment advisor and your estate trustee to reduce the chances of costly legal interventions.

Get a financial accounting of how an executor is managing an estate.

2. Frustrated Will, Frustrated Beneficiaries.

Handwritten or holographic Wills, and even some written by lawyers, can become invalidated if they fail to meet legal standards for Wills in Ontario.

Imagine how distressed your beneficiaries may become if your Will is insufficiently drafted. Rather than making them wait to hear from the court if a probate judge will accommodate a poorly made Will, stave off estate disputes by ensuring yours is acceptable.

Why you should hire a lawyer to write Wills in Ontario.

Disagreement through clients

3. Letting Legal Actions Linger.

Resolving outstanding legal disputes promptly can prevent your executor from having to use valuable estate assets to represent you in court.

If you die while a legal action is before the court, your estate trustee will have to make a decision on whether to drop the dispute or proceed on your behalf. Assets you meant to go to beneficiaries could be tied up by court applications — and they may even challenge your executor’s decisions on managing the legal action.

Types of Wills for your financial needs.

Your estate trustee may even find their ability to maximize assets by selling them at auction or listing real estate for sale complicated by having to account for the high cost of ongoing litigation. Legal fees executors incur are paid by your estate.

Wrapping up your legal affairs, or at least providing clear legal direction to your trustee, can prevent beneficiaries from worrying about how long it is taking to distribute your estate and save valuable money.

4. Neglecting Who to Appoint as Executor of Will.

Who can be an executor of a Will in Ontario can be contentious for any estate. Why make it an issue for yours?

Select estate trustees in advance by appointing them in your Will. Without a valid Will naming who you want to distribute your estate after you die, you could be at the whim of anyone who applies to Ontario probate court.

How to become executor of estate in Ontario.

Divorced spouses or other next of kin you would prefer not take charge of your estate can apply for a certificate of appointment of estate trustee without a Will. Unless other parties contest their application, a probate judge may give them legal authority to manage and invest your assets and decide what your beneficiaries receive.

Douglas Mills & Chapman records your choices for executor of Will to avoid leaving your estate up to chance.

Talking with clients

Why You Need a Lawyer

Douglas Mills & Chapman lawyers draft Wills that comply with Ontario’s estate laws. Prepare Will documents that protect family members and valuable assets to avoid your estate being left to an Ontario probate court to disburse.

Find answers to your questions about what is probate.

When you die without a valid Will, a judge decides who gets your assets, based on a formula set out in the Succession Law Reform Act. Wealth or real property you intended to go to immediate family may be granted to separated or divorced spouses. Your current next of kin may be left out because you neglected to make provision for them in your Will.

Minors and mentally incapable adults can be forced to go to court with the aid of the Ontario Office of the Public Guardian and Trustee to get financial support from your estate.
Probating your estate is easier for your executor when you make a Will that clearly sets out your final wishes. Personal property and real estate can be left to anyone you choose with a minimum of fuss and distributed in a timely way.

Locate a probate lawyer near you.

We draft new Wills to avoid protracted estate battles that can cause your executor to be frustrated in their efforts to disburse your estate the way you planned. We designate your choices for personal representative, estate trustee or executor and their alternates or substitutes.

You receive a final copy to distribute as you wish to executors, next of kin or friends.

Virtual or In Person Legal Appointments for Less

Access lawyers in Greater Toronto Area or Ottawa via a secure, online video conference. Prepare your Will from the comfort of your home or office and drop into any Douglas Mills & Chapman location to sign. Our virtual lawyers make writing Wills simple.

You get only the services you require when Douglas Mills & Chapman drafts your Will. Our flat fee legal services are all-inclusive. Your bill includes no hidden extras or surprises. New Wills start at $199.99 and up plus HST or $149.99 each and up plus HST when you and a spouse make mirror Wills at the same time.

Prepare a basic Will – it’s quick and cheap.

Include power of attorney documents for personal care and property (financial assets) at the same time for only $99.99 plus HST. For $299.99 plus HST, we can meet you in person and give you a complete Wills and power of attorney package. Remote, online video calls for both power of attorney and a Will are $249.99 each and up plus HST.

Easy Online Booking or Phone Us Toll Free

Make appointments quickly and easily with our online booking form. Or call 647-479-0118 or toll free to 877-402-4277 for lawyers for Wills or probate lawyers near you. In person appointments are available at Douglas Mills & Chapman locations in Greater Toronto Area or Ottawa, 7 days a week. Make day or evening appointments at your leisure.

We have onsite parking with easy transit access.

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Leaving Legacy Gifts in Wills https://www.axesslaw.com/leaving-legacy-gifts-in-wills/ https://www.axesslaw.com/leaving-legacy-gifts-in-wills/#respond Sun, 21 Nov 2021 01:18:35 +0000 https://www.axesslaw.com/business-law/leaving-legacy-gifts-in-wills/ When your ambitions exceed your worth, your estate executor could be taxed to administer your Will. Douglas Mills & Chapman organizes Wills to make it clear to beneficiaries, executors and Ontario probate court who gets what, in which order. Properly structured legacy gifts make distributing your Will easier and can prevent legal disputes among your beneficiaries. Ensure […]

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When your ambitions exceed your worth, your estate executor could be taxed to administer your Will.

Douglas Mills & Chapman organizes Wills to make it clear to beneficiaries, executors and Ontario probate court who gets what, in which order. Properly structured legacy gifts make distributing your Will easier and can prevent legal disputes among your beneficiaries.

Ensure your estate goes to your loved ones the way you intended by making legacy gifts.

 

Why Legacy Gifts Matter

Legacy gifts in Wills are important because they give Ontario probate court and your estate trustee direction if your estate plan doesn’t work out the way you intended. Wills written years before your death may be based on assets you had then. Real property, stocks and bonds or bank accounts can be diminished over time. Imagine your executor’s dilemma when your Will is out of step with the state of your current finances.  

Appoint an executor for your estate.

 

Abatement in Estate Law in Ontario

Rationalizing who gets what when estates fall short is what probate courts call abatement. Ontario estates abate, or are distributed, according to the Succession Law Reform Act. Unless bequests in your Will are in line with your assets, gifts will be distributed in order of priority:

  1. Residuary personalty — objects and things like antiques or collections.
  2. Residuary real property — homes, cottages or land, except for matrimonial homes that pass to legally married spouses. See who gets the house when your spouse dies. 
  3. General legacies — such as cash gifts you leave a grandchild that your executor can take from your estate’s total assets.
  4. Specific legacies — like a collectible you own or stock of a specific company taken from an investment fund you name in your Will.
  5. Demonstrative legacies — from named sources like a specific bank account, but can be fulfilled from your general estate if the account no longer exists.

How you organize your Will can give your executor the authority they need to satisfy your bequests, instead of allowing gifts to lapse or abate.

Read the ultimate guide to Wills in Ontario. 

Giving General Gifts

Giving general gifts enables your executor to provide for beneficiaries from whatever is left after creditors, estate administration taxes and executor’s fees are paid. A bequest of money for college or to make a downpayment on a home, for instance, can be satisfied by your executor selling antiques or collections that form part of your general estate.

Gift beneficiaries throughout your life instead of in a Will. 

Naming Specific Gifts

Rather than drawing on your general estate, specific gifts indicate named assets you bequeath to individual beneficiaries. 

Leaving named assets to specific beneficiaries has its drawbacks. Obviously, you meant well when you drafted your Will. But if those assets are no longer available — for instance, a valuable silver collection you sold without updating your Will — time consuming legal delays can occur in probating your Will. Family members may be left out of any part of your estate because you designated them to receive specific instead of general gifts.

Douglas Mills & Chapman structures your Will to prevent estate problems from specific gifts that may plague your executor. 

 

Deciding on Demonstrative Gifts

Like specific gifts, demonstrative gifts are taken from funds you designate, such as a bond account your investment advisor holds. Even if that fund is depleted by a decline in the value of financial markets, the beneficiary may still inherit. Provided your estate has sufficient general assets, your estate trustee can honour your bequest from other sources.

 

Why You Need a Wills Lawyer

An Douglas Mills & Chapman Wills and estate lawyer can ensure your Will meets the standards set by the Province of Ontario. Instead of worrying that your handwritten final wishes may be overturned by next of kin or an Ontario probate court, you get a professionally written, legally valid Will. 

Why to hire a lawyer to draft your Will. 

Douglas Mills & Chapman witnesses and signs your Will in front of you and advises you on storing it securely. You can make multiple Wills in Ontario and gift any beneficiary of your choice, as long as you ensure financially dependant kin are cared for. Our Wills and estates lawyers review your Will to prevent unclear language that could cause problems for your estate.

Protect vulnerable beneficiaries with a Henson trust.

Marriage, separation or divorce can complicate your estate affairs. Douglas Mills & Chapman’s Ontario lawyers write new Wills, instead of making amendments or codicils that may confuse estate trustees after you are gone.

 

Flat Fee Legal Services When You Need Them

Access lawyers near you in Toronto, Greater Toronto or Ottawa when you need to draft new Wills or have questions you need a legal professional to answer.

Douglas Mills & Chapman Wills lawyers in Ontario have low, flat fee legal services that are affordable for any budget. Basic Wills start at $199.99 and up plus HST. Couples pay $149.99 plus HST each when you make mirror or individual Wills at the same time. 

Add power of attorney for property (finances) and personal care at the same time. Our fees begin at $249.99 plus HST total for individual virtual wills and two power of attorney appointments ($299.99 plus HST in person).

Make Wills or powers of attorney for less. 

 

Find a Wills Lawyer Near Me

Whether you need a basic personal Will or secondary Will for business assets, Douglas Mills & Chapman has Wills and estate lawyers available 7 days a week, at your convenience. 

Our virtual lawyers remote in with you from anywhere in Ontario. E-signing is easy and convenient and our remote, online software is confidential and secure to use. We bring documents to your home or office to sign if you just can’t get away.

When you prefer to meet in person, drop into any Ottawa or Greater Toronto Area Douglas Mills & Chapman locations. Day or evening appointments are available, at times that suit your schedule.

 

Make Online or Phone Appointments

Book virtual video calls from any location in Ontario or make in person appointments at any of our Douglas Mills & Chapman law offices. Our booking form is the easy online way to make appointments.Dial our 1-647-479-0118 lawyer line to find a Wills lawyer near you (toll free calls accepted at 877-402-4277). Use our onsite parking or take the bus. Look for our Douglas Mills & Chapman locations near major transit stops.

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Mirror Wills for Spouses https://www.axesslaw.com/mirror-wills-for-spouses/ https://www.axesslaw.com/mirror-wills-for-spouses/#respond Sat, 16 Oct 2021 11:32:51 +0000 https://www.axesslaw.com/business-law/mirror-wills-for-spouses/ Think carefully about how you write your Will when you are legally married or live common law in Ontario. Go slow if you are separating or divorced. Newly married or cohabiting couples often have individual Wills. When you become a couple, assets can be intermingled, making writing new Wills a smart idea. Legal advice on […]

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Think carefully about how you write your Will when you are legally married or live common law in Ontario. Go slow if you are separating or divorced.

Newly married or cohabiting couples often have individual Wills. When you become a couple, assets can be intermingled, making writing new Wills a smart idea.

Legal advice on cohabitating the right way.

Douglas Mills & Chapman helps couples through marriage or marriage breakdown to organize Wills for maximum financial and personal benefit. We give you straightforward answers to questions every couple should ask.

For instance — 

 

What are mirror Wills?

Mirror Wills are separate Wills made by spouses that include reciprocal terms. In  other words, your Wills mirror each other. For example, John and Lily are a married couple creating mirror wills. Lily leaves everything to John in her Will and John leaves everything to Lily in his. 

For John and Lily to have mirror Wills, everything else should be the same. Executors, beneficiaries and alternate distribution plans (where your estates go if you and your spouse die at the same time) match. 

You can change your Will at any time, with or without your spouse knowing, such as if you divorce or your spouse dies. That just means your Will no longer mirrors your spouse’s. 

 

Do spouses need separate Wills?

The quick answer – yes! Mirror Wills are very common between spouses and, unlike mutual Wills, allow you to make personal bequests if you desire. Be sure to discuss the pros and cons of mirror Wills with your Douglas Mills & Chapman lawyer before finalizing your decision. 

 

What happens to my Will if I get married?

Pre-existing Wills made before marriage stay intact. 2021 changes to Ontario Wills laws (Succession Law Reform Act) leave legally valid Wills in place to protect against predatory marriages. 

That prevents a new spouse from entwining you in a romance scam simply to inherit assets you set aside for others. Former spouses still inherit unless you deliberately revoke your Will by rewriting it. 

Douglas Mills & Chapman makes a new Will if you separate, divorce, remarry or have new biological or step-children.

See rights of common law spouses in Ontario.

 

How does divorce affect my Will?

Wills are not automatically revoked following divorce. Only those parts concerning your former spouse are affected. A divorced spouse can no longer be your estate executor and any gifts in your Will pass to other beneficiaries. 

Douglas Mills & Chapman recommends making a new Will, instead of inking in changes. Any Will, no matter how well drafted, can be contested. Revoking previous Wills makes your final wishes clear and your divorce less “messy”.

 

What about if I get separated?

Wills laws have been updated to eliminate property rights for separated spouses. Starting Jan. 1, 2022, a spouse you separated from years ago is prevented from inheriting with or without a Will. If you die before that date, your spouse receives gifts you left in your Will or, if you die without a Will, a preferential share of your estate. 

For estate purposes, you are considered separated if you lived separate or apart for three or more years immediately before dying, had a valid separation agreement, court-ordered settlement or family arbitration award.

Douglas Mills & Chapman writes new Wills to protect separated couples until the changes take effect. We recommend updating your Will as soon as possible after you separate.

 

What’s a preferential share?

Your spouse and children have first rights to your estate if you die without a Will (intestate). As of March 1, 2021, that share increases to $350,000 from $200,000 for spouses. A child under 18 or an adult with disabilities who relied on you for financial support share any remaining balance equally with your spouse. 

Who gets the matrimonial home if you die intestate.

Your spouse receives a third of the balance if you have multiple children (who share the rest equally). For example, if your estate is worth $475,000 and you have one child, your spouse receives the first $350,000, plus 50% of the remaining $125,000.  

Your estate is divided according to provincial intestacy law if you are single and childless or your spouse and children predecease you.  

Click here to learn more about Douglas Mills & Chapman’s wills and estate services.

 

Why You Need a Lawyer

When you think about it, an outdated Will is almost as useful as no Will at all. Your old Will could be declared invalid after you die, unless you keep it modernized and in tune with your personal life.

Douglas Mills & Chapman turns handwritten or holographic Wills and outdated versions into professional, legally valid Wills for use in Ontario probate court. Our licensed  lawyers for Wills:

  • include your choices for executor, personal representative or estate trustee
  • draft clauses to protect your Will from legal challenges 
  • add new family members like spouses or biological or adopted children

and organize mirror Wills to satisfy changing estate laws.

We can suggest ways to save on estate administration taxes and answer common questions about types of Wills in Ontario.

 

Save on Legal Fees with Basic Wills and Power of Attorney

Douglas Mills & Chapman Wills and estates Ontario lawyers offer basic Wills for one all-inclusive fee. Our flat fee legal services have no hidden surprises or extra charges.

Updating your Will or writing a Will for the first time costs the same — $199.99 and up plus HST or $149.99 each plus  HST for couples. Add power of attorney for personal care and property at the same time for $249.99 and up plus HST for virtual Wills or $299.99 when you meet with us in person.

 

Virtual or In Person Legal Appointments

Access lawyers in Greater Toronto Area or Ottawa via remote video conferencing online Wills services anywhere in Ontario or in person at locations near you.

Virtual lawyers for Wills are available when you are. We draft Wills and review legal documents from your home or office using secure, online video call software. Making new Wills is easy when we witness your ID online and email documents for you to sign.

In person appointments are available at any of our Douglas Mills & Chapman locations in Greater Toronto Area or Ottawa, 7 days a week. Ask about our day or evening appointments. We have onsite parking and easy transit access.

 

Easy Online Booking or Phone Us Toll Free

Douglas Mills & Chapman’s online booking form takes minutes to complete. You can make your own appointments or speak with a live operator by calling our 1-647-479-0118 lawyer line. Toll free calls accepted at 1-877-402-4277.  

We find a Wills and estates lawyer near you. Onsite parking is available and transit access is nearby.

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Divorce, Remarriage and Wills https://www.axesslaw.com/divorce-remarriage-and-wills/ https://www.axesslaw.com/divorce-remarriage-and-wills/#respond Thu, 09 Sep 2021 04:15:45 +0000 https://www.axesslaw.com/business-law/divorce-remarriage-and-wills/ Remarriage after divorce can make Wills out of date or inaccurate. Remember to revisit all your Wills when your marital status changes. Why make your current spouse go to court to argue for inheritances you meant for them to have? Douglas Mills & Chapman writes new Wills to reflect who you want real property and possessions to […]

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Remarriage after divorce can make Wills out of date or inaccurate. Remember to revisit all your Wills when your marital status changes. Why make your current spouse go to court to argue for inheritances you meant for them to have?

Douglas Mills & Chapman writes new Wills to reflect who you want real property and possessions to go to after divorce or remarriage. Our lawyers for Wills in Greater Toronto Area or Ottawa update your last Will and testament to leave former spouses in or out as you desire. 

Changing Wills After Divorce

Recent changes to Canada’s Succession Law Reform Act mean a divorce decree no longer invalidates those parts of Wills that make former spouses beneficiaries. 

New legislation that impacts your estate prevents financial predators from taking advantage of legal loopholes to take assets away from vulnerable or elderly spouses. It protects next-of-kin who stand to lose inheritances to predatory marriages. 

What does it mean for you?

Whatever Will you have in place when you divorce remains intact.

Unless you take direct action to strike clauses you no longer want estate trustees to rely on, former spouses could inherit assets you acquire after remarriage. 

Former spouses appointed estate trustees stay in place until your Will is refreshed.

New and former spouses may have competing claims on matrimonial homes and your assets.

And more.

Imagine the emotional impact and financial consequences for biological offspring or adopted step-children if you fail to update your last Will and testament to include their needs. 

Your Estate Trustee’s Role

But won’t your estate trustee make the necessary adjustments to your Will after you die? 

They may be your personal representative, but without clear, written instructions from you, your trustee can no more change your Will than anyone else. Only a court can alter your Will and judges aren’t inclined to do so unless there is evidence you planned but forgot to revoke or revise important clauses before you died.

Douglas Mills & Chapman can write your Will to ensure your executor is fully confident it represents your final wishes when they apply to Ontario probate court for a certificate of appointment of estate trustee. That makes their job easier and assures beneficiaries your wishes are being carried out.

Mirror Wills for Couples

Now is a good time to talk with your spouse about organizing their own estate. Douglas Mills & Chapman can write mirror Wills that make you and your spouse the main beneficiary of each other’s estates. 

Joint or mutual Wills for couples can tie your hands by allowing former spouses to hold you to agreements you made before a relationship breakdown. Even if you have since remarried, your former spouse may claim a joint or mutual Will prevents any changes not previously agreed upon.  

Douglas Mills & Chapman mirrors provisions in your Will to match your spouse’s, making completely separate Wills for each of you. In the event you die together or within 30 days of each other, we ensure both your estates go to your children or anyone else you name.

Your mirror Will can make specific bequests, such as donating to a favourite charity, yet be identical in almost every other way. Ask our Wills lawyers about making mirror Wills.

Why You Need a Lawyer

Preparing Wills and estates in Ontario may seem simple, but online Wills kits can omit important details. If you have divorced and remarried more than once, professional legal advice is recommended. 

Having a legal professional draft or redraft your Wills helps ensure your final wishes stand up in court and are express and clear. You avoid a confusion of Wills that can occur when beneficiaries have multiple copies of past and current testamentary documents. 

We can make as many Wills as you need or want. Primary Wills and, if needed, secondary Wills for corporate assets can reflect your goals for past or current families.   

Your estate trustee can be confident they are giving an Ontario probate court the final version of your Will and any changes before being appointed to formally represent you. That ensures your trustee, who speaks on your behalf, represents your true intentions.

Affordable Flat Fee Legal Services

Douglas Mills & Chapman makes new Wills to replace outdated documents so the current state of your marriages is accurately reflected. We remove former spouses and ensure legally married partners are listed as survivors for matrimonial homes and other assets.

We can advise you on switching beneficiaries for investments or life insurance policies that may be in a former spouse’s name. Or if you have left these to your estate, our Wills and estates lawyers can include them in your new Will. 

Making changes or codicils to existing Wills is inadvisable when it costs so little to make a new final Will and testament. Our Wills lawyers can refresh your instructions to your estate trustee by drafting a new Will for just $199.99 plus HST. For $249.99, we make a Will and power of attorney (Ontario) for personal care, including assisting you with your daily needs, or for financial property.  

If your estate is complex, our lawyers in Greater Toronto Area and Ottawa make primary Wills for personal assets and secondary Wills for business interests. You pay just $600 and up plus HST to have separate Wills.

Meet By Video or In Person

Douglas Mills & Chapman can meet you remotely, by secure online video conference, or in person at any of our Greater Toronto Area or Ottawa locations. We have Will lawyers near you, 7 days a week, for day or evening appointments. Parking is available onsite and transit service is within walking distance. 
Reserve your appointment using our easy to use online booking form. Call our 1-647-479-0118  lawyer line (toll free at 1-877-402-4277) to find a time and location convenient for you.

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