At Sekhon Law Office, our will and estate lawyers can assist you with all legal matters related to wills, estates, power of attorney documents etc. Such documentation plays a significant role in estate planning. They allow people to structure and distribute their assets in a planned and strategic way after their demise. In the absence of any such will and power of attorney documents, the estate is distributed as per the statutory scheme for succession in that province.
Many think that drafting a will is an unnecessary affair with little fruitful consequences. However, the reality is totally different. If you happen to own a lot of property and assets, dividing them without a will drafted in your consent would lead to a lot of trouble and misery after your death. Your dependants might even fight for their claim, ultimately making your family void of any relations and emotions. Therefore, it is always best to take guidance from a known and experienced wills and estate lawyer, including Sekhon Law Office, to draft a will that is perfect for your dependants.
Most Canadian provinces offer two valid and legal solutions to draft a will. The first one is the preferred and conventional way to write a will i.e. to draft a written document that’s signed by the testator along with two witnesses. The second is a holographic will which is a less preferred and advised form in which the will must be entirely written in the testator’s handwriting along with his/her signature and date of drafting.
While creating a will, it is crucial to take advice from a knowledgeable and experienced wills and estate lawyer. This will help you to build a strategy for property succession and will ultimately protect your assets and rights. At Sekhon Law Office, you can rest assured that your rights and wishes will be given top priority. Our GTA family lawyers have worked with hundreds of clients diligently to draft their wills.
Power of Attorneys
The Canadian government created two types of power of attorneys. The first one is the Power of Attorney for property which is designated the powers to look upon your financial matters like accounts, estates and other kind of property. Power of attorney gives the person all sorts of rights to exercise decisions on your behalf in case the primary person is out of country or is unavailable.
The second type is the ‘Power of Attorney’ for ‘Personal Care’ which gives the designated person all sorts of rights to exercise his/her power when it comes to care and medical treatment in case the primary individual is unable to do the same. Giving a person unlimited power and access on your behalf is a big decision. At Sekhon Law Office, our GTA lawyers can make the entire process extremely easy by guiding you upon your choice of power of attorney.
Will and Estate Challenges
As one progresses in life, his/her expectations from the will may alter resulting in the revoking and destruction of the will. Once that person passes away, a thick cloud of confusion might prevail over the dependants that will ultimately pave way for disputes and will challenges. Common reasons for a will challenge to arise are:
- Failure to consider various estate laws while drafting the will.
- Unjustified influence of some relative or acquaintance over the testator.
- Complex issues like mental capacity of the testator.
- Presence of conflicting wills in different jurisdictions.
- Failure to destroy or revoke a previous will.
- Failure to make proper amendments to the will.
We, at Sekhon Law Office, have routinely handled will and estate challenges. So, we know what it takes to fight for a justified decision when conflicts regarding wills come to surface. Our associates can offer solutions and help in all sorts of complex will and estate related cases.
Dependant Support Applications
Canadian legislation permits its testators the freedom to choose the beneficiaries of their estate. However, the testator must have a positive obligation while taking adequate measures for support of the dependants. A dependant generally includes; a spouse, children, common-law spouse, same sex partner, parent or even a sibling to whom the deceased testator was either providing support or was under some sort of legal obligation to provide support immediately after his/her death.
Dependant support proceedings cannot commence without an application. Submission of the application after a given period of time along with the necessary affidavit is mandatory for the success of the claim. Experienced lawyers at Sekhon Law Office can readily help you to draft this application so that you are able to get what you actually deserve.
Once an individual starts acting as a trustee or an executor, he/she is not allowed to unilaterally resign or divest him/her self from the position. A person who is named in the testamentary document as a trustee and wishes not to act as one can file their renunciation with the court. After the court issues the Certificate of Appointment of Estate Trustee, the personal representative has to be removed upon court order. It’s upon the court to remove any personal representative and appoint a new one as the estate trustees.
Associates at ‘Sekhon Law Office’ can also help to draft a removal application on behalf of a beneficiary who is unhappy with a trustee’s actions. This application is then served to other co-trustees and beneficiaries who have a contingent interest in the estate.
Marriage and Inter Vivos Gifts
There may be situations where parents tend to gift property and other kinds of assets to their children for planning or probate fee reasons. However, it is wrong to assume that the gifted asset was truly a ‘gift.’ The story might have a dark picture behind it as well. So, to efficiently determine whether the asset was a gift or not, various elements of the gift are weighed like:
- Intention of the transfer
The donor of the gift has to prove that the property transfer has happened due to mutual trust and thus the gift is an inter vivos. We, at Sekhon Law Office, have helped hundreds of our clients make inter vivos gifts to their spouse or children by assisting them heavily on the required applications.
Probate is actually a legal process which commences after someone’s death. It is carried out to prove that the deceased’s will is totally valid and ultimately helps to identify the deceased testator’s property and assets. The property is then appraised, all sorts of financial arrears are cleared and then the property is distributed according to the will or the state’s law.
Sekhon Law office has reputable will and estate lawyers in the GTA who can readily help you to draft probate applications on your behalf. An application that is drafted carelessly and hastily can lead to a humongous loss. Therefore, it is always best to take guidance from expert legal practitioners like those present at our office while making your probate application.
Sekhon Law Office houses some of the best legal minds in Ontario who can help you in the most complex cases of wills and estates. Our associates have been helping the residents of the GTA region with their wills and estate matters and are proud to offer their services in Hamilton and Kitchener as well.