Wills & Estates: Dual Wills

It is becoming increasingly common for lawyers to discuss or recommend to clients to have two wills prepared if the testator has a substantial investment in one or more private companies . This plan involves having one will to govern the estate assets that require probate and a second will to govern those estate assets…

Wills and Estates 101 Mini-Series Part IV: Did He Die or Did He Separate?

In Ontario there is a family property regime set out in the Family Law Act (FLA) which provides for the equal sharing of property accumulated by married parties during their marriage. Note, this provision does not apply to common-law spouses. What happens if, after the death of one married spouse, it is discovered that the…

Wills & Estates 101 Mini-Series: Part III: Attorney Compensation

In our last post we covered some of the primary responsibilities and basic legal requirements of powers of attorney for property and personal care. We now turn to some questions people often have about a person getting paid for being an attorney, questions such as: Will the person designated as attorney be paid for his…

Wills & Estates 101 Mini-Series: Part II: Powers of Attorney

As the second installment in our mini series on wills & estates, we will review some of the basic legal principles about powers of attorney in Ontario, why they are important and how they fit into your overall estate plan. A will is only effective from the date of the death of the testator. People…

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