Last Will and Testament

Revoking a Will

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More reads at Multiple Wills

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to Wills and Estates matters, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). They have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. Wills

Dying in Ontario: Getting the Will Probated
So when a person dies in Ontario, the banks holding their accounts or land registry offices or insurance companies won't deal with just anyone claiming to be responsible for administering their estate. They want to see that the Estate Trustee (i.e. the person actually appointed under a Will and confirmed by a Court to administer the deceased's estate) is holding a certificate from the Court. They won't just accept that a Will being put in their face is the actual Will or has not been contested in court, because if something went wrong and they accidentally transferred property or money to the wrong party without the requisite authority, they will be held liable.That's why they demand to see that the Will has been legated (i.e. verified by a Court). Evidence of this is a "Certificate of Estate Trustee" issued by a Court.

That certificate will either be called a "Certificate of Appointment of Estate Trustee With a Will" (if the deceased had a Will) or a "Certificate of Appointment of Estate Trustee Without a Will" (if the deceased died intestate or without a Will). Now, as part of the process of getting a Certificate, the estate will have to pay Estate Administration Taxes (formerly called Probate Taxes).

Estate Administration Tax
Estate Administration Tax must be paid at the time the application for a certificate of appointment of estate trustee (with or without a Will) is filed. So says rule 74.13 of the Rules of Civil Procedure and 2. 2(1) of the Estate Administration Tax Act, 1998.

The amount of estate administration tax payable is based on the value of the assets of the deceased's estate at the time of his or her death. It's calculated as follows: $5 per $1,000 or part thereof, for the first $50,000, then $15 per $1,000 or part thereof by which the value exceeds $50,000 (s. 3, 2(6) of the Estate Administration Tax Act, 1998). No tax is payable if the value of the estate is $1,000 or less.

Example: if the assets of the deceased's estate at the time of death is $25,000, then the estate administration tax will be $5/$1,000 x 25,000 = $125. If the assets were valued at $25,001, then the estate administration tax will be $5 more, or $130 because that $1 is part of the next $1000.

Very important: No tax is payable where the application is for a certificate of appointment of SUCCEEDING estate trustee with or without a will or a certificate of appointment of estate trustee during litigation. In these cases, the legislation prescribes a certain fee which is payable.

Can you get around paying Estate Administration Taxes?
There are a few legitimate ways in which you can get around having your estate pay Estate Administration Taxes. Clearly, you can get rid of your assets during your lifetime (either by selling or gifting them) and thereby reduce the asset value of your estate. But this may still trigger tax consequences (depending on the type of asset you're transferring, its fair market value on the date of the transfer, it's original cost, and the person who is receiving it). So it is not a good solution, but Multiple Wills is!

Multiple Wills
Multiple Wills reduce your Estate Administration Tax by creating probate one Will dealing with certain assets and avoiding having to probate another Will dealing with other kinds of assets. The concept is: one Will deals with the assets for which Estate Administration Taxes will be required. This includes things like (but is not limited to) bank accounts, lands registered in the Land Titles System, shares or debt instruments of public companies, term deposits, GICs, and brokerage accounts, etc. Banks and the Land Registry Office simply need to see that the Will has been probated and a Certificate of Estate Trustee issued before they allow anyone to do anything. So Estate Administration Taxes will be paid as part of probating these assets.

The other Will will deal with the assets for which Estate Administration taxes will not be required. This involves things like (but is not limited to) assets for which a beneficiary is named or designated (e.g. life insurance, pension plans, RRSPs, RRIFs); assets held jointly which, upon your death, devolve to the surviving co-owner; real estate registered under the Registry System and not situate in Ontario; personal items; and shares and debt instruments of private corporations.

multiple-wills

Notice: The information below is not legal advice and is provided for informational and educational purposes only. It may not be up to date. Laws change often and without notice. If you need legal advice with respect to Wills and Estates matters, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).

This is the second of a series of MANY blog posts about Estate Administration (formerly called "probate") in Ontario. Be sure to check them all out! Here,Toronto Lawyer Michael Carabash will be talking about accessing wills deposited for safekeeping.

Accessing a Deposited Will
Only and Only the persons below can remove, copy, or inspect a deposited Will during the testator / testatrix's lifetime (according to rule 74.02 of the Rules of Civil Procedure) except for the following persons:

* the testator / testatrix in person;
* a person with a court order;
* a guardian of the testator / testatrix's property (statutory guardian of property or court-appointed guardian of property); or
* an attorney acting under a Continuing Power of Attorney for Property executed by the testator / testatrix.

What kinds of Identification and Supporting Documents must be presented? Wills and Estates
When one the above-mentioned individuals wants to access a deposited Will during the testator / testatrix's lifetime, they will need to provide the following (note that a health care may not be used under s. 34(2) of the Personal Health Information Protection Act, 2004):

Testator in person: 2 pieces of identification

Guardian of Testator's Property: Providing, they filed a request in writing and produced 2 pieces of identification,they can inspect the testator / testatrix's will during the testator's lifetime unless there are restrictions on the guardian's appointment.

Public Guardian and Trustee: must file a letter, on the letterhead of the Office of the Public Guardian and Trustee and signed by an authorized official, saying that they are the property of the testator's property by virtue of section 15, 16, or 22 of the Substitute Decisions Act, 1992;

Court-Appointed Guardian: court-order and confirmation in writing that there are no limitation or restriction on the guardian's appointment that would prevent him or her from accessing the Will;


Attorney acting under Continuing Power of Attorney for Property: 2 pieces of identification, an original and 1 copy of a valid Continuing Power of Attorney for Property, and a sworn / affirmed affidavit from the attorney that states that the grantor (i.e. testator) is incapable of managing property or that the attorney has reasonable grounds to believe so;

Person authorized by Court Order: 2 pieces of identification and a certified copy of the court order that permits the Will to be inspected and / or copied and removed. The court order must give the name, address, and date of birth of the testator and the full name of the authorized person.

Process to Access a Deposited Will during the Testator's Lifetime
When one of the above mentioned individual tries to access a deposited Will during the testator / testatrix's lifetime, then that individual may be authorized (depending on WHO they are and WHAT authority they have) to remove the Will, inspect it, have it photocopied, and return it. Court staff will note what authority the person has and ensure that the proper procedure for accessing the Will is followed.

Process to Access a Deposited Will after the Testator's Death
After the testator / testatrix dies, then a person may copy or inspect the Will that has been deposited. The person must file a written request to copy or inspect the Will (include the Testator's name, address and date of birth), provide the death certificate of the testator issued by a funeral director or the Registrar General; and provide 2 pieces of identification.

Once the above things are provided, then the court staff will verify everything, photocopy the Will and certify it to be a true copy of the original, charge a per-page fee, place the original Will back in the envelope and document everything that's taken place.

Delivery of Will upon Testator's Death
Another important element to mention is that, upon a testator's death, and where a written request has been filed, the testator's Will MUST be delivered to their estate trustee or to another person as the court may direct (rule 74.02(7) of the Rules of Civil Procedure). Here, the registrar will confirm the identity of the estate trustee or person named in the court order, photocopy and certify the Will as being a true copy, require the person to sign a written receipt confirming that the person receiving the original Will, provide the Will to that person, and document everything. The certified copy of the Will, along with the identification, death certificate (or photocopy) and receipt will be placed in the envelope that contained the original Will. The original Will is handed to the person.

By the way, if you need a Will and want to leave everything to your surviving spouse, you've come to the right place:
Last Will and Testament (Ontario): Outright Distribution to Spouse

This legal form can be used by a Testator or Testatrix (i.e. a person who is making a Will) to appoint an Estate Trustee to manage their final wishes, transfer the residue of their estate (i.e. their leftover assets after debts have been paid off) to their surviving spouse, and appoint a guardian / custodian for their minor children. This Last Will and Testament also comes with affidavits for witnesses to swear / affirm (great for probate!).Finally, this Last Will and Testament comes with a FREE VIDEO GUIDE (watch a valuable example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that offers valuable insight into how contracts can be challenged) Don't delay, just go to Go Dynamic Lawyers. And if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you need!

Wills and Estates

Please be aware that the information provided herein is not legal advice and is provided for informational and educational purposes only. It may not be up to date. Laws change often and without notice. If you need legal advice with respect to Wills and Estates matters, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).

This is the third of a series of MANY blog posts about Estate Administration in Ontario. Basically, if you have a Will, you will appoint a person to be your Estate Trustee to follow your final instructions. If you don't have a Will and you die (it's said that you've died "intestate"), then someone must apply to the court to be your Estate Trustee. They will have to obtain what's called a "Certificate of Appointment of Estate Trustee without a Will". The Superior Court of Justice appoints an estate trustee without a will to give that person the authority to manage and distribute the estate of the deceased.

Who is eligible to apply?
A person applying for a Certificate of Appointment of Estate Trustee without a will must be a resident of Ontario (unless special circumstances exist and the Court order otherwise). The person with the first priority is the spouse or the person with whom the deceased was living in a conjugal relationship outside marriage(according to some rules concerning who has PRIORITY to apply and become the Estate Trustee).. The next of kind in an intestacy (called heirs-at-law) are next in priority according to the laws in the Succession Law Reform Act (section 44-49).

The usual preference will be:

1. Spouse or person with whom the deceased was living in a conjugal relationship outside marriage;
2. Children;
3. Grandchildren (if no child is living);
4. Great grandchildren (if no child or grandchild is living);
5. Other lineal descendants (e.g. great-great grandchildren);
6. Father (if no children are living);
7. Mother (if no children or father are living);
8. Brothers, sisters (if no children or parents living);
9. Grandparents (if no children, parents, or siblings are living);
10. Uncles, aunts, nephews, nieces, and great-grandparents (if no children, parents, siblings or grand-parents are living);

Where there is more than one next-of-kin of the same degree entitled to apply, either all may apply or one (or more) may apply with the consent of all others. The court is not required to appoint an estate trustee without a Will in the above order;but it can appoint who it considers to be the MOST APPROPRIATE PERSON (section 29(1) of the Estates Act).

Next-of-kin with a prior right may renounce their right to apply. The nominee of a majority of the beneficiaries of identical standing may apply. If the next of kin are not prepared to be appointed,then the court may appoint another person, such as a creditor of the deceased (or a nominee of those creditors): section 29(3) of the Estates Act.

Documents that must be filed
Section 74.05 of those Rules require that the following documents to be filed to obtain a Certificate of Appointment of Estate Trustee without a Will:

1. Application for Certificate of Estate Trustee without a Will;
2. Notice of an Application for a Certificate of Appointment of Estate Trustee Without a Will marked as an exhibit to the Affidavit of Service of Notice;
3. Affidavit of Service of Notice stating that the notice of the application has been served on all persons entitled to share in the distribution of the estate, except the applicant, at their last known address by regular letter mail (note: there are additional requirements if the person with a financial interest in the estate is a minor or is mentally incapable);
4. If any person entitled to be served with the notice of application has not been served, the name of the person must be shown in paragraph 3 of the Affidavit of Service and in paragraph 8 of the Notice and the applicant must state the reason in both forms;
5. A bond may be dispensed with, reduced, or may not be required. A bond, by two personal sureties, or one personal surety where the estate value is $100,000 or less or from an insurer licensed under the Insurance Act write surety and fidelity insurance. If the applicant seeks an order to dispense with the requirement to post a bond, an affidavit in support of the request, together with consents from all beneficiaries included in Form 74.19 and a draft order to dispense with or reduce the bond. The applicant's affidavit must state that all debts have been paid or list all the debts outstanding. This request is included with the application and requires a judge's determination. No fee is payable;
6. Applicable estate administration tax;
7. Certificate of Appointment of Estate Trustee Without a Will with a back sheet;
8. A renunciation (Form 74.18) from every person who is entitled in priority to be named as estate trustee and who has not joined in the application;
9. A consent to the applicant's appointment (Form 74.19) by persons who are entitled to share in the distribution of the estate and who together have a majority interest in the value of the assets of the estate at the date of death;
10. Any other extra material which the court may direct (e.g. affidavit dispensing with bond, Draft Order Dispensing with bond, Draft Certificate, affidavits concerning value of estate, etc.).

If court staff have doubts about the application or accompanying materials, the application must be referred to a judge for direction. The judge may request further materials to be filed or steps taken by the personal representative in relation to the application. The Ministry aims to process certificates of appointment of estate trustee with or without a will within 15 days after the application and accompanying materials are complete and judicial direction, if needed has been acquired. If a Certificate of Appointment of Estate Trustee Without a Will is issued, it will be in Form 74.20.

In the next blog, Michael will discuss the process for issuing a Certificate of Appointment of Estate Trustee Without a Will.

By the way, if you need a Will and want to leave everything to your surviving spouse, you've come to the right place:
Last Will and Testament (Ontario): Outright Distribution to Spouse

This legal form can be used by a Testator or Testatrix (i.e. a person who is making a Will) to appoint an Estate Trustee to manage their final wishes, transfer the residue of their estate (i.e. their leftover assets after debts have been paid off) to their surviving spouse, and appoint a guardian / custodian for their minor children. This Last Will and Testament also comes with affidavits for witnesses to swear / affirm (great for probate!).Most important, this Last Will and Testament comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that offers valuable insight into how contracts can be challenged) What are you waiting for? Go to Dynamic Lawyers. And if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only.

Ontario Last Will and Testament

n the next few blog posts, Michael Carabash will provide some general tips about how to make a will. In this part, he'll discuss the primary checklist a person should make and follow in making a will. These days, lawyers usually charge between $300-$500 for a simple will, which may or may not have a power of attorneys with it (i.e. continuing power of attorney over property and power of attorney over health care decisions). Once in a while, lawyers will prepare your will for free, depending on whether it's simple enough and whether they believe that they can get extra business out of you because of this free service.

The purpose of the primary checklist is to make sure that you collect all the relevant information necessary to create a comprehensive will. This framework will help you understand how to make a will. The following basic facts should be included in the checklist: before the Will can be properly drafted:

* Personal Information
* Income Information
* Assets: Safety Deposit Boxes, Real Estate, Insurance, Annuities, RRSP's, etc., Corporate Securities (i.e. shares and bonds, etc.), GICs, business interests, debts owing from third parties, royalties, machinery/tools/equipment, household goods and furniture, etc.
* Liabilities: Mortgages, Loans, etc.

After that, the next step is for you to outline the instructions for the will.

The following questions will need to be answered with respect to disposing of personal effects and the residue of your estate (i.e. the pool of funds accumulated by the estate trustee after dealing with the deceased's debts, taxes, and funeral-related expenses):

* How do you want your personal effects and estate residue to be disposed of with respect to your surviving spouse and children (if applicable)?
* How is the distribution to be effected (i.e. who does it and when can they do it; for example, the estate trustee can, in their sole and absolute discretion, effect the disposition of personal effects)?
* How is your real estate to be handled?
* How is your share of family business to be disposed of?
* Would you like to create a spousal trust, whereby your surviving spouse can live off of the income generated by the residue of your estate until he or she passes away, in which case, the residue is distributed among the beneficiaries (e.g. the children?)
* What kinds of powers do you want your estate trustee to have with respect to you personal effects (e.g. power to sell, power to invest, power to distribute proceeds, power to loan funds to beneficiaries or others, power to take reasonable compensation from the residue of the estate, etc.) and assets?
* Do you want to have special clauses dealing with minors (e.g. property relating to minors, a trust relating to minors, guardians of minor's property, etc.)?
* What kind of funeral do you want to have?
* Do you wish to donate your organs?
* How are disputes to be handled (e.g. arbitration, mediation, court, etc.)?

In this blog, Toronto Lawyer Michael Carabash will discuss whether a person needs a lawyer to prepare their will. You do not need a lawyer but it is in your best interests to have a wills and estates lawyer to draft and/or review your will.

First, in Ontario, for a will to be valid, it must be in writing,because the will can be contested through litigation, which will cost thousands of dollars (or more), destroy relationships, waste years, etc. (you get the point).o says the Law Reform Succession Act. The testator (i.e. the person making the will) must also sign the will before two witnesses, who must also acknowledge that this was done (in the presence of the testator). The testator's signature must be at the end of the document, but can follow a blank section on the page after the concluding words of the will. Neither of the witnesses can be beneficiaries (and this has been used to challenge wills before). Beneficiaries under the will must never witness the testator's signature. While there may be other rules for a will to be valid, those rules +
are often examined and dealt with by a lawyer who is trained and experienced in making the will as litigation-proof as possible.

First, a lawyer will deal with the issue of capacity - i.e. does the testator have sufficient mental capacity to enter into the will. Does the testator understand the nature and consequences of the will or is their mentality affected by illness, age, etc.?

Next, a lawyer will try to make sure that the testator is not entering the will as a result of some duress or improper or undue influence from an external force, but on his own free will, voluntarily, in order for the Will not to be contested .

Next, a lawyer will aim and attempt to ensure that all of the information-collecting is completed and due diligence has been conducted with respect to the testator's income, assets, liabilities, and instructions, and a lawyer will use appropriate language throughout.

For these reasons, it's usually advisable to contact a lawyer (e.g. by making a post on Dynamic Lawyers) when you need to write or update your will.

Here is the first part of a series of blogs all about Wills and Estates in Ontario.

Definition of a Will
A Will (also referred to as a Last Will and Testament) is a legal document that provides instructions as to how your remaining assets and liabilities are to be dealt with. It also includes instructions as to who will be responsible for administering your final wishes (known as the estate trustee) and identifying who your beneficiaries will be. Also, a Will can leave instructions as to who Guardians will be in the case of minor or incapable dependents left behind.

When you die in Ontario (and elsewhere), your assets are combined together into something called an estate. An estate trustee is appointed in the Will (and a substitute is usually appointed in case the primary estate trustee is unwilling or unable to perform his or her duties) and must administer the Will by paying out liabilities (e.g. taxes owed, funeral expenses, creditors, etc.), managing remaining assets (e.g. selling them, gifting them, investing them, etc.), and distributing the residue of the estate (i.e. the remaining funds after everything else is taken care of) to the beneficiaries designated under the Will.

What are the Legal Requirements for a Will to be valid?
There are only a few things that are needed in order for a will to be valid, binding, and of full legal force and effect. But if you don't do these basic things properly, the Will can be contested through litigation, which will cost thousands of dollars (or more), destroy relationships, waste years away, etc. (you get the point).

First, in Ontario, for a Will to be valid, it must be in writing. So says the Succession Law Reform Act. Second, a Will must be made a legally competent person (i.e. you must be 18 years old or older and mentally competent to make a Will). This is often a litigious issue: some will claim that the person making the Will was not sufficiently competent to make the will as they did not understand the purpose and effects of making the Will. FYI, a person under 18 years old can make a Will if he or she is married or if that person is in the Canadian armed forces. The testator (i.e. the person making the will) must also sign the will before two witnesses, who must also acknowledge that this was done (in the presence of the testator) - typically through an affidavit attached to the Will. The testator's signature must be at the end of the document, but can follow a blank section on the page after the concluding words of the Will. Neither of the witnesses can be beneficiaries (and this has been used to challenge wills before). I say again: beneficiaries under the will must never witness the testator's signature. Also, the estate trustee is not a competent witness to prove the execution of its will or its validity: s. 14 of the Succession Law Reform Act. While there may be other requirements for a will to be valid, those requirements are often examined and dealt with by a lawyer who is trained and experienced in making the will as litigation-proof as possible.

Extremely important to know, that Holographic Wills are acceptable and do not need the presence or attestation or signature of a witness to be valid: s. 6 of the Succession Law Reform Act. Holographic Wills must be wholly written by the testator's in his or her handwriting and signed and dated. People are cautioned against writing their own Wills in this manner and raising the possibility of future challenges.( you never know)

T Draft a Will, do you require a lawyer?
No, but it's in your best interests to have a Wills and Estates lawyer to draft and/or review your Will.

First, a lawyer will deal with the issue of capacity - i.e. does the testator have sufficient mental capacity to enter into the will. Does the testator understand the nature and consequences of the will or is their mentality affected by illness, age, etc.?

Next, a lawyer will try to make sure that the testator is not entering the will as a result of some duress or improper or undue influence from an external force. The testator must enter the will voluntarily or else the will may be later contested.

Next, a lawyer will try hard to ensure that all of the information-gathering is completed and due diligence has been conducted with respect to the testator's income, assets, liabilities, and instructions.

Finally, a lawyer will use the appropriate language and precedents to give clear effect to the testator's wishes and instructions.

For these reasons, it's mainly advisable to contact a lawyer (e.g. by making a free and anonymous post on Dynamic Lawyers) when you need to write or update your will.

Wills and Estates

Please regard the following information as educational and informational tool and not a legal advice of any sort. If you require a lawyer, you should make a post on Dynamic Lawyers (100% free and anonymous). They have trusts and estates lawyers registered who can help you with preparing your will, power of attorneys (for property and personal care), and living wills. If you'd like to learn more about Wills and Estates in Ontario, check out our FREE Legal Guides.
Wills

Basic structure of a Will:
Simple Wills generally follow the same structure:

1. Identify the person who is making the will.
2. Revoke previous wills.
3. Appoint an Estate Trustee and a Substitute Estate Trustee (i.e. someone who is legally competent and will administer your estate as per your final wishes).
4. List your wishes concerning your taxes, funeral, and personal effects.
5. List and divide your gifts/assets.
6. Distribute the residue of your estate (i.e. left over after all liabilities have been paid and all other gifts distributed).
7. Outline the powers and limits of your Estate Trustee.
8. Dispute resolution provisions.
9. Execution: sign and date the will and have it witnessed.

Again, strongly advisable for you to contact a lawyer on Dynamic Lawyers to have your Will properly drafted.

Benefits of having a Will:
If you have a Will, you can:

* decide who will be the beneficiaries of your estate (i.e. the pool of assets which will be distributed after certain expenditures are paid);
* give personal items to specific individuals;
* include persons who are not related to you by blood to inherit a part or all of your estate;
* allow you to divide the residue of your estate according to specifically identified trusts;
* select an Estate Trustee (i.e. a person who will administer your estate and pay out the specific trusts described in your Will);
* select a Guardian for your minor children (if you have any);
* reduce the cost of administering your estate (e.g. by avoiding fighting and estate litigation); and
* reduce income taxes (especially if you die and leave a spouse behind). And a piece of mind after all.

What happens if one dies without a Will?
If someone dies without a Will in Ontario, their property will be divided according to rules set out in the Succession Law Reform Act. There is a standard procedure which divides property according to family relationships. Here are few of those rules:

* If a person dies without a Will and is survived by a spouse without children, then the spouse is entitled to the property absolutely: s. 44.
* Worth mentioning is that a spouse is generally entitled to a preferential share (under the Regulations made under that Act) up to the first $200,000 of the estate before it is divided among any remaining heirs: s. 45 and 46.
* If a person dies without a will and a spouse and one child survive that person, then the spouse will be entitled to their preferential share and an additional 1/2 of the residue of the estate: s. 46(1).
* If a person dies without a will and a spouse and children survive that person, then the spouse will be entitled to their preferential share and an additional 1/3 of the residue of the estate: s. 46(2).
* If a person dies without a will and without any spouse or children surviving him or her, then their living parents will be entitled to the property either equally (or one of them will get it absolutely if only one is alive): s. 47(3).
* If a person dies without a will, without any spouse or children, and without any parents, then their property will be distributed equally among any living brothers and sisters (or their children): s. 47(4).
* If a person dies without a will, without any spouse or children, without any parents, and without any brothers or sisters, then their living nephews and nieces inherit an equal portion of the residue of the estate: s. 47(5).
* Finally, if a person dies and there is no surviving spouse, children, parent, brother, sister, nephew or niece, then the property "shall be distributed among the next of kin of equal degree of consanguinity to the intestate equally without representation". If a person has no such living next of kin, the generally the estate goes to the government.

Make sure to have your Will is properly drafted by a lawyer if you want to have control over your financial affairs when you finally pass away.

Please note that the following information is being provided for educational and informational reasons and does not constitute legal advice. If you require a lawyer, you should make a post on Dynamic Lawyers (100% free and anonymous). They have trusts and estates lawyers registered who can help you with preparing your will, power of attorneys (for property and personal care), and living wills. If you'd like to learn more about Wills and Estates in Ontario, check out their FREE Legal Guides.

Ontario legal forms

Can we amend a Will ?
Yes, but you will generally need to create a Codicil (i.e. a legal document). The Codicil is a written document that refers to the Will and the parts that are being altered and must be signed, dated, and witnessed by two parties as per the regular rules of making a Will under the Succession Law Reform Act: s. 18.

Codicils that amend previous Codicils should also state that fact (i.e. that a particular Codicil is being revoked). But usually, it is simpler to re-write the entire will instead

Can a Will be revoked?
A will can be revoked and only by:

* Marriage (unless there is a declaration in the Will that it is made in contemplation of marriage in addition to other rules - see the Ontario Succession Law Reform Act: s. 15(a) and 16.
* Another Will replaces it: s. 15(b).
* A written declaration with an intention to revoke which follows the rules of making a Will: s. 15(c).
* The Will being destroyed (e.g. burned, torn, etc.) by the testator or some person in his or her presence and by his or her direction with the intention of revoking the Will: s. 15(d).

Can a Will be Revived?
A Will that is revoked can be revived only (s. 19 of the Succession Law Reform Act):

* By a Will being made; or
* By a Codicil being made

Which shows an intention to give effect to the Will or the part of the Will that was revoked or

* By the re-execution of a previously revoked Will with the required formalities.

Worth acknowledge that there is a assumption (unless the contrary can be shown) that, when a will is partially revoked and then afterward wholly revoked and then revived, the revival does not extend to the part that was partly revoked (i.e. before the whole revocation).

Last Will and Testament Ontario

Please always always remember that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to getting your Wills and Estates in order, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). They have Toronto, Ottawa, Hamilton, Mississauga, Brampton, and other Ontario business lawyers registered on the website who can answer your questions or help you with your Wills and Estates. Toronto Lawyer Michael carabash knows because he is one of them, so you can contact him directly (michael@carabashlaw.com).

No one ever likes to talk about death, taxes and what will happen after they are gone. You hear excuses all the time, especially when it comes to Wills and Estates and the cost that comes with them. Well, now, you can get it done without breaking your WALLET and in the privacy of your own home. You can do it yourself and DynamicLawyers can help. You can buy and customize your own:

* Last Will and Testament (Ontario)
* Power of Attorney for Personal Care (Ontario)
* Power of Attorney for Property (Ontario)
* Living Will (Ontario)

Each single one of these legal forms is lawyer-prepared, customizable, and affordable, comes with lots of free guidance, in the form of a video tutorial (watch an example of how to customize your legal form) and two written guides (know more about the legal issues for your legal form). They are the next best thing to hiring a lawyer to do these things for you.

Also, there is a FREE eBook about Estate Administration in Ontario with each legal form. You and your Estate Trustee will WANT TO KNOW what happens after you die (e.g. documentation, taxes, security, etc.). If you own shares of a private corporation, you may also need to contact a lawyer to discuss having multiple Wills and saving on estate administration fees!

Have peace of mind knowing that you've made provision for your loved ones, aren't leaving things up to chance (which could lead to lawsuits), and are taking steps to minimize your taxes when you die.

Legal Forms + Video Guides