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ONTARIO WILLS & ESTATE PLANNING

This site provides information for individuals from a ‘before death’ estate planning perspective.  For information on ‘after death’ services, including probate, estate administraion and estate disputes, please consult our site www.ontario-probate.ca.

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ESTATE PLANNING

Who gets what, minimizing taxes, ...

A plan is much more than a will

A proper estate plan covers much more than just your will.  Without a comprehensive plan, the risk of an expensive unwanted result is very high.

The high cost of no plan

When there is no plan and no will, the results can be very painful.

Houses: ways of owning

Joint ownership, tenants-in-common, life interests – learn the difference and the power of these options for planning.

Joint ownership of assets

Joint ownership of houses and savings can be an effective planning tool.  It can also be a recipe for disaster.  Use with caution!

Beneficiary Designations

Designations for RRSPs, RRIFs, TFSAs, and life insurance are among the most powerful tools in estate planning.  Used improperly they can cause great harm.

Dependent support obligations

Financial obligations to current and former partners, children, and parents are a key part of proper estate planning

Gifts while you are alive

A key part of estate planning is considering gifts made now not later

Multiple wills

If you own property outside Ontario, or own shares in private companies you absolutely must consider making multiple wills.

Making a Will Legal

Signatures and witnesses

In Ontario, the formal requirements are strict: for a will to be valid, they must be met completely.

Affidavits of Execution

A good will includes an affidavit of execution, prepared when the will is signed.

Amending Wills

Amendments must follow the rules for wills, or they are invalid.

Storage of wills

Proper storage is crucial – a will that cannot be found is worse than useless.

Powers of Attorney

Powers of attorney for property

A power of attorney for property is crucial.  Establish who can manage your finances for you.

Powers of attorney for personal care

Establish who can make health care decisions for you when you are not able to instruct medical staff yourself.

Choosing the right attorney

Issues to consider

The duties of attorneys

The key obligations of a power of attorney for property.

Compensation and accounting for attorneys

Compensation for attorneys.  The requirement to provide accounts.

Retention and destruction

Securing and replacing your POA documents.

Attorney mistakes.

What an attorney should not do.

Will Drafting - Key Terms

Executors

Being an executor is a job not an honour.  Choose wisely.

Guardians for children

Learn the rules and limits for naming a guardian for your child(ren) in your will.

Legacies and bequests

Who gets what? is a key component of any will.

Trusts in wills

A properly drafted trust in your will can be an extremely powerful tool.  Learn why.

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