WILLS
S and S Lawyers specialize in crafting personalized wills to secure your family's future, ensuring peace of mind for all stages of life.
WILLS
Nothing is guaranteed in life, but one thing is for sure: we all have to leave this world. Creating a will is crucial in ensuring that your assets are distributed according to your wishes after your death.
In Ontario, the laws governing wills are designed to provide clarity and certainty for both the testator (the person making the will) and the beneficiaries.
Critical Aspects of Wills Law in Ontario:
1. Legal Requirements: For a will to be valid in Ontario, it must be in writing, signed by the testator in the presence of two witnesses, and signed by the witnesses in the presence of the testator. The witnesses cannot be beneficiaries or the spouses of beneficiaries.
2. Holograph Wills: A holograph will, which is entirely handwritten and signed by the testator, is also recognized in Ontario. It does not require witnesses but must be entirely in the testator's handwriting.
3. Revocation and Alteration: A will can be revoked by creating a new will, a written declaration of intent to cancel, or physically destroying the will. Any alterations to a will must follow the same formalities as creating the original will.
4. Intestacy: If a person dies without a valid will, their estate is distributed according to intestacy rules under the Succession Law Reform Act. This may result in a distribution that does not align with the deceased's wishes.
5. Executor: The will should appoint an executor, who is responsible for administering the estate, paying debts, and distributing assets to beneficiaries. It is advisable to choose someone trustworthy and capable of handling these responsibilities.
6. Guardianship: A will can also include provisions for the custody of minor children, ensuring that they are cared for by a person of the testator's choosing.
7. Legal Advice: While it is possible to create a will without legal assistance, consulting with a lawyer can help ensure that the will is valid, comprehensive, and reflective of the testator's wishes. Legal advice is essential for complex estates or unique family situations.
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WILLS
We understand that each family law case is unique and are committed to providing personalized and compassionate legal services tailored to your specific needs. Our goal is to help you achieve a resolution that is in the best interests of you and your family.
Contact us today to schedule a consultation and learn more about how we can assist you with your family law matters.