Protect Your Loved Ones: Make Your Will Now

It keeps happening again and again.

Monica came into my office because she was in an estate dispute. She asked what she thought was a simple question, “Why bother making a will if wills are not valid?”

My answer was simple. “You must ensure your will is valid. I will tell you the best way to do that.”

Why Bother Making Wills?

Here are some facts you may not be aware of.

Only by making a will can you control and choose who is your estate trustee or executor in charge of your estate. Only with a will can you express your wishes to choose your beneficiaries. Finally, wills allow you to reduce taxes and benefit charities and causes that you support.

Most importantly, professionally prepared wills can keep your loved ones out of court and costly legal proceedings.

If you do not make a valid will, the government will make a will for you because you would have died intestate.

Ontario’s Intestacy Rules

These rules cannot be varied or modified. If you do not make a will, the government makes your last will for you.

The government legislates who will be in charge of your estate and who your beneficiaries are.

You may find that a relative you have not spoken to in 10 years will be appointed to take charge of your estate, or receive your money, personal belongings, land and cash.

All your property is frozen. Courts must appoint an estate trustee without a will to be in charge of your stuff. Hope your family agrees on who that person will be. The government will not try reduce your taxes.

No one has access to your money to pay your bills or taxes. No one can sign your tax returns, list empty homes for sale or arrange funerals.

When the Time Comes

If you make a will using a third-party service or online provider that does not provide you with the original, signed will with supporting documents, what happens when the time comes, and your will is needed?

What will people need to do to locate your will?

No one may be able to authorize the release of your documents if your original, signed will cannot be located. You may have died intestate.

You cannot understand your legal obligations to your spouse and dependants without legal advice. Only an Ontario lawyer can guide you with respect to Ontario law.

You need to know your legal obligations to make a will.

Capacity to Make Wills

Having a professional prepared will is one of the ways you can ensure your will is upheld by a court. Will lawyers can testify about your capacity. You must have the capacity to make a will for your last will to be valid. This capacity is called testamentary capacity.

Testamentary capacity is not something doctors can prove. Only judges can decide if a will is valid. They rule on testamentary capacity. This is a legal and factual question.

Protect your loved ones now – make sure you have a current will. Set up an initial meeting to discuss your options. I promise I can help you.

As a Certified Specialist, estate law is all I do.