One of the most important things anyone can do during their lifetime is to secure the future of their loved ones by drafting a will from an experienced Toronto Wills lawyer. Every adult should have a will to protect their estate and provide for those they care about.
Our wills lawyer serve entire Greater Toronto Area with offices in Toronto & Barrie, Ontario.
By making a will, you get to decide what happens to your money and property on your death. Whilst many people don’t like to think about the implications of their death, it’s very important to understand what may happen in future. The probate and wills lawyers at Rogerson Law Group provide an expert, dedicated service to clients who need to make a will, and clients who are reviewing existing wills and need to make a new one.
Our principal areas of work cover advising clients of their options, initial will drafting and trust setups, estate planning advice, right through to inheritance tax planning, lasting power of attorney and elderly client affairs.
Will drafting is invariably best done by experienced wills lawyers. If you employ an unqualified person to draft your will; or if you draw up your own will – even by using an off-the-shelf wills kit – you can make significant errors. Such wills can even be invalid because there are strict legal guidelines that must be adhered to for a will to be valid. Resolving issues that arise out of poorly drafted wills can cost the estate potentially significant sums of money following the death of the will maker.
Can I make a will ?
You can make a will if you are at least 18 years of age and of sound mind. This is also known as having ‘capacity’ to make a will. This means you must be able to understand: you are making a Will and you know what a Will is your relationship to those mentioned in your Will, and what types of property you own, how much of that property you own and how you intend to distribute that property
If you make a will but it can be proved, on your death, that you were not of sound mind (or you made your will under duress), it will be declared invalid and the intestacy rules will apply to your estate. Consult our Wills Lawyer in Toronto for help making a will.
Why make a will?
Making a will is important, although people frequently put it off. It is understandable that many postpone their thoughts concerning what may happen to their property and money when they die. However, if you don’t make a will, the Government decides who inherits your estate according to the statutory laws of intestacy under the Succession Law Reform Act. This means someone may benefit from your estate on your death who you would not chose to do so. Consult a wills lawyer if you have any questions concerning your will.
What can I put in my will?
You can use your will to state who is to inherit your estate, whether to give specific sums of money to relatives, charities and other organisations or gifts of specific property and items, such as jewellery.
Your will should appoint those you wish to administer your estate as your executors (‘estate trustees’). You can also use your will to appoint a guardian if you have minors. If you have any questions regarding what all to include in the Will, contact our Wills Lawyer in Toronto.
Can my will be changed?
Yes – you can change your will at any time. In fact, you are strongly recommended to review your will regularly, particularly if you experience a change in circumstances. For instance, if you separate – you need to consider whether you still wish your partner or spouse to benefit under any existing will you may have. If you inherit a large sum of money, or suffer a loss of employment, you should review your will and consider the potential implications on your estate. If you have children – or more children – do you want them to benefit under the terms of your will? Consult a wills lawyer if your circumstances have changed to make an informed decision about changing your will according to your current circumstances. If you have any questions regarding changing your will, contact our Wills Lawyer in Toronto.
How can I make a will?
Making a will is a straightforward process. It is possible to make your own will, but you should have expert legal advice and have a will drawn up by qualified, experienced lawyers to ensure your wishes and the best interests of your beneficiaries are best protected. Errors in a will can lead to confusion and potential legal action – a scenario that everyone will want to avoid.
How should I choose my executors?
Choosing the right executors (estate trustees) is very important. You are advised to choose individuals who you know well, and who you know to be trustworthy. They will have the responsibility of overseeing the administration of your estate, complying with legal and administrative requirements to ensure your estate is administered properly and efficiently. It is recommended you discuss it with your proposed executors before you make a will. If you have any questions, contact our Wills Lawyer in Toronto.
What happens in intestacy?
If you die without a valid will in place, any surviving spouse will not automatically inherit everything, nor will s/he have the right to decide how property should be divided among the children. It depends on whether there are any children, and how much your net estate is worth when you die.
Put simply, your estate will go to your nearest living relative/s in order of how closely you were related. Our wills lawyer in Toronto can advise you specifically as to how the rules of intestacy might apply in your particular circumstances.
Will Disputes / Need Help Probate a Will? Contact Our Toronto Wills Lawyer
Our experienced wills lawyers can handle domestic and cross-border will disputes. Contact our Wills lawyers in Toronto for assistance with estate or will disputes.
Read this article on Will Disputes – If you can still challenge the will or its too late?
How can we help?
The wills and estate lawyers at Rogerson Law Group provide a dedicated personal and sympathetic service to clients seeking to make a will, and to those whose loved ones have died and who need support and help with the probate or estate administration.
Our services also include estate planning and asset protection advice.
We offer tailored, strategic wills advice and drafting. Our wills and estate planning lawyers can help you with your wills, probate and administration needs in the entire GTA including Toronto, Scarborough, Mississauga, Vaughan, Brampton, Richmond Hill, Etobicoke, Barrie and other areas with offices located in downtown Toronto, Barrie, and associated offices in Ottawa.