Category Archives: Standard wills

November is Make A Will month

Fall is in the air. The sun is setting earlier, the leaves are changing and it’s cool at night.

Fall is a time for gathering the harvest and anticipation of winter. It’s a time for looking after things, canning, storing, putting things in order for later use.

There is no better time of year than this to do your Will and Powers of Attorney, which are important tools in planning and managing your life and finances.

We are here to explain the process, answer questions, get you started and help you complete the process. These two articles have some useful tips about why Wills are important and how to get started.

Links:
The Ontario Bar Association is responsible for the November Wills month program: http://www.oba.org/makeawill

The law firm Hull & Hull have posted this useful article about the importance of wills and powers of attorney.
https://hullandhull.com/2015/11/november-is-make-a-will-month/

Wills for folks on fixed incomes

Wills aren’t just for people with money. Even if you live on a fixed income and don’t have much in the bank or many possessions, you should have a will.

Here are some good reasons why:

  • a will appoints someone to be in charge of wrapping up your affairs when you’ll not be there any more to do it yourself. This person is called your Executor because they “execute” on your wishes;
  • a will can specify the kind of funeral and burial you would like, which is a nice thing to do, but also can be very important if you want particular things or your religious beliefs require certain things;
  • if you want to be cremated, a crematorium may need to see the will to make sure that is actually your wish;
  • banks, investment companies and even your phone company may need to see a will before they will close your account or release funds to anyone other than you;
  • Everyone comes from somewhere and a will can be a place to list next of kin so someone can contact them when your time has come;
  • even if you don’t have many things, someone needs to look after them and your family and friends may be confused about who should be in charge; your will clearly makes someone responsible.
  • giving a special momento or something of sentimental value to a child or special friend can have great meaning to them;
  • even a small sum of money given to an organization or cause you support can make a real difference, creating a lasting legacy.

elderly-person-holding-pills-in-handBut if you are on a fixed income, we know money is tight. It can be hard to get a will done affordably. We have a special plan for people on fixed incomes. We can’t do it for free but we’ll come as close as we can. Please use our C
Contact form to get in touch.

I’m young, single and don’t have much stuff. Do I really need a will?

Yes, you do. There are many good reasons.

The first reason is because without a will, it can be difficult for anyone to deal with things like closing bank and other types of accounts, e.g. email, websites, phone, Google, Facebook, or to make funeral arrangements or decisions about cremation or burial.

Another good reason is that these days single people can often be closer to non-family than family. You may want your close friends and companions to look after things as well as have some or all of your stuff.

Yet another good reason is that you can leave something to the good causes you believe in. Imagine if everyone did this. Even modest legacy gifts would add up to make a difference.

A will does not have to be complicated but everyone you care about will benefit from the clarity you create by having one.

Below are more particulars about the legal rules of inheritance in Ontario.

In Ontario, if one passes away without a will, the laws of intestacy dictate who inherits that individual’s assets. These rules are governed by Part II of the Succession Law Reform Act. Where a person dies intestate and leaves no spouse or issue, their property is distributed in the following order: parents, brothers and sisters, nephews and nieces, and finally, next of kin. Where a person dies intestate with none of the mentioned relations surviving, their property escheats to (i.e. becomes the property of) the Crown.

“Depending on the person, the rules of intestacy cannot be assumed to adequately reflect an individual’s wishes. Without a spouse or children of their own, the individual likely formed bonds in the community that are not reflected by the rules of intestacy. For example, close friends or the children of close friends may be a more practical choice.

“Single persons may also have preferred charities or other social or community activities they belong to that they wish to benefit that will only benefit under a will.

– above from here.

Latin: the importance of “legal” language

Latin is a lovely language. Here’s an example of the kind that graphic designers use as a placeholder where the actual text is going to go: “Lorem ipsum dolor sit amet, consectetur adipiscing elit. Maecenas non rutrum orci. Vestibulum nec justo nunc. Sed ornare, libero eu blandit tristique, turpis enim volutpat metus, posuere rutrum magna mi non mi. Nulla vitae est ut nunc fermentum laoreet. Mauris ac urna id urna elementum congue et sit amet neque. Maecenas porta neque massa, in pharetra nunc commodo ac. Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos himenaeos. Proin dictum urna leo, in aliquet magna pulvinar eu.”

Wills don’t need to be written in Latin, but they do need to be clearly written, unequivocal about what they mean. For example:

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