WORDS OF WISDOM
A LEGAL BLOG BY WARDS LAWYERSPC
WARDS OF WISDOM
This WARDS LAWYERSPC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
ESTATE planning & Administration POSTS
UNDERSTANDING THE TERMS IN YOUR WILL
Reading through your Will can be confusing, particularly when trying to navigate the various legal terms included. A lot of legal language is used to
THE GRAVE DUTY OF DISPOSING OF REMAINS – WHO MAKES THE FINAL CALL?
When an individual passes away, they often leave specific directions to their loved ones regarding how they would like their remains to be disposed of.
SHAREHOLDERS’ AGREEMENT: AN ESSENTIAL INGREDIENT IN THE FAMILY SUCCESSION PLAN
It can feel overwhelming to a business owner, the thought of embarking on a plan for succession/transition of their business. Particularly when the transition plan
WHY HOMEMADE WILLS ARE RISKY
Online Wills and Will Kits from Amazon may seem tempting. You might think “$20 to prepare my Will – that’s a fantastic deal compared to
STOP PUTTING IT OFF – IT’S TIME TO MAKE YOUR WILL
It’s always a good time to start thinking about what you have been avoiding and go ahead and tackle it. No one wants to think
NAVIGATING THE JOURNEY – FROM FUNERAL ARRANGEMENTS TO ESTATE ADMINISTRATION
It is important to remember that when a loved one has died, the planning of the funeral is something that one should not take lightly.
WHAT IS A SURVIVORSHIP APPLICATION?
A survivorship application is a legal process that helps individuals navigate property rights after a loved one has passed away. This application can only be
TO PROBATE OR NOT TO PROBATE, BUT WHAT REALLY IS THE QUESTION?
You have recently lost a family member or longtime friend who has named you as the Executor in their Will. We have all heard the
HAVE YOU PLANNED AHEAD?
“The afternoon knows what the morning never suspected.” — Robert Frost Planning ahead is essential and having a last will and testament in place is
KEEPING RECORDS AS AN ESTATE TRUSTEE OR POWER OF ATTORNEY
Have you been asked to act as either an Estate Trustee or an Attorney granted by a Power of Attorney for Finance for a family
ESTATE PLANNING AND MEDICAL ASSISTANCE IN DYING (MAID) IN ONTARIO
*Trigger Warning* Power of Attorney for Personal Care A Power of Attorney for Personal Care is a legal document that appoints an ‘Attorney’ and gives
WHAT TO EXPECT FROM YOUR ESTATE PLANNING LAWYER
Your Last Will & Testament (your “Will”) is an important legal document that sets out how your estate will be administered – meaning how the
WHAT’S IN YOUR TOOLKIT?
Use the right tool for the right job in the right way! Agreeing with the principle is easy, deploying it is more complex. Before you
YOU’VE SIGNED YOUR WILL. WHAT’S NEXT?
Just when you thought that was it. After you have signed your estate planning documents, it is recommended that you let your Executor(s) know where
HOW WILL YOUR ESTATE BE DISTRIBUTED?
What do Jimi Hendrix, Pablo Picasso, Prince, Howard Hughes and Michael Jackson all have in common? They all died without a valid will. But they
TAKING CARE OF AN ADULT FAMILY MEMBER DURING THE PANDEMIC? BE MINDFUL – YOU MAY HAVE BECOME A "FIDUCIARY" – A HIGHER LEGAL EXPECTATION MAY APPLY.
Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a “fiduciary” to the person to whom they provide
WHAT DOES "PROBATE" MEAN? DO I REALLY NEED A LAWYER TO "PROBATE" A WILL?
So, you have been named as an “estate trustee” (i.e., executor) in a last will and testament – what now? This is typically an onerous
WHAT HAPPENS IF I DIE WITHOUT A WILL? WHAT'S ALL THE FUSS ABOUT?
You know you should do it – make an estate plan. Do a last will and testament and your powers of attorney. Don't let the
ANSWERS TO YOUR TOP 20 QUESTIONS ABOUT POWERS OF ATTORNEY – POAs EXPLAINED FOR NON-LAWYERS.
1.What is a Power of Attorney? A Power of Attorney is a legal document that gives someone else the right to make decisions on your
HOW DO I CHALLENGE A LAST WILL AND TESTAMENT? WHAT GROUNDS DO I NEED? HOW DOES THIS WORK? ANSWERS…….
So, you’re unhappy with the last will and testament of a family member, or someone from whom you reasonably expected to inherit…… Legally, any person
DESIGNATING A BENEFICIARY FOR YOUR RRSPs – AVOID UNINTENDED TAX CONSEQUENCES AND A LEGACY OF LITIGATION FOR YOUR FAMILY.
Generally, you can designate a beneficiary for your RRSPs. If you do, generally the RRSP will be paid to your designated beneficiary on your passing.
IF A PERSON HAS NO VALID POWER OF ATTORNEY, WHO MAKES THE HEALTH CARE DECISIONS? WHAT YOU NEED TO KNOW.
What happens when a person in Ontario becomes disabled or incapacitated, to the extent that the person cannot make decisions about his or her own
ESTATE PLANNING – MAKE SURE YOU DEAL WITH YOUR LOYALTY REWARD POINTS, OR POTENTIALLY LOSE THEM
You likely have loyalty-based reward points of some kind, such as Air Miles or Aeroplan. You might be surprised that the reward points you accumulate
USERNAMES AND PASSWORDS – A KEY PART OF YOUR ESTATE PLAN
Your usernames and passwords for your online accounts should be an important part of your Estate plan. You should include them in your Will, or
MY ESTATE PLAN AND WILL – WHAT HAPPENS IF I MARRY (OR DIVORCE)? HERE ARE THE BASICS YOU NEED TO KNOW
Everybody should have an estate plan namely, a Will and powers of attorney, at least. What happens to your existing plan if you marry or
PARENTS MAKING ADULT CHILDREN JOINT ACCOUNT HOLDERS – KNOW THE LAW – MORE ABOUT LEAVING A LEGACY OF LITIGATION
Recently I blogged about parents placing their adult children as joint holders of a bank account or other asset and the risks of doing so.
GET 'R' DONE – NOVEMBER IS NATIONAL 'MAKE A WILL' MONTH
Its estimated that more than half of Canadians do not have a will. This applies to many lawyers, too. Why? Well, many just dont like
DESIGNATING YOUR RRSPs FOR YOUR ESTATE PLAN – BEWARE OF THE TAX – OPTIONS TO AVOID CREATING LITIGATION AMONG YOUR BENEFICIARIES
Generally, you can designate a beneficiary for your RRSPs. If you do, generally the RRSP will be paid to your designated beneficiary on your passing.
UNPAID TAXES – AVOIDING POTENTIAL HEADACHES IF YOU ARE APPOINTED THE EXECUTOR OR ESTATE TRUSTEE
Appointed as an executor or estate trustee by a Will? If the deceased had tax issues on death, it can be problematic for you and
WHY DO I NEED A WILL – IS IT REALLY NECESSARY? YES – A FEW REASONS………
There are many benefits to having a Will, too many to identify in a short blog. Here are a few of what I consider the
FAMILY MEMBER CAREGIVERS – UNDERSTAND YOU ARE HELD TO A HIGHER STANDARD AND DUTY
Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a fiduciary to the person to whom they provide
PARENTS – PUTTING YOUR ADULT CHILD ON YOUR JOINT BANK ACCOUNT – DON’T LEAVE A LEGACY OF LITIGATION
Over the past six months, I receive more and more calls about cases involving joint bank accounts between a parent and an adult child (when
CAN I DEAL WITH THE CUSTODY OF MY CHILD IN MY WILL? PRE-PLANNING TIPS FOR YOUR MINOR CHILDREN
You can specify testamentary custody for your child in your last will and testament in Ontario. Under Ontario’s Childrens Law Reform Act (CLRA), if you
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