What are the requirements for a will to be valid in Canada?

A will is helpful to wrap up your finances and property after your death. Almost all will have the same kind of structure. Will is a professionally prepared document that can be written or typed. It describes, how you want to distribute your property after your death.

There are different types of provincial rules and regulations that a Will must follow. Below are the criteria that you need to obey to create a legal will in Canada.

1) The will must be written in a physical copy.
2) Your age must be over the age of majority and you must have a healthy mind. The age should be over 16 years for BC residents and the underage people can create a will if they are married, have children, or an armed force member.
3) if you have the will in typed format, you need two witnesses to who can confirm that you have signed your will.
4) You can not put the name of your witnesses or their spouses as an executor or a beneficiary. The people whom you choose as witnesses should not have any kind of benefit from your will.
5) Your signature must be at the bottom very end of the will.

I hope you got the idea of how you can make your will legal. When you are making your will, you need to keep these points in mind.

If you are looking for a will lawyer or an estate lawyer in Toronto then call Rogerson Law Group at 416-504-2259 for a consultation today.

Things you Need to Know When You are Writing a Will

Today, we are going to discuss things that you need to know when you are writing a will. Let’ begin.

1) What is a Will?

A will is a legal document where you mention who will manage all your estate and who will be the beneficiaries of your estate after death. These estates will be managed by an executor. A will can decide who can be the guardian for your children and who can be the beneficiary of your properties.

2) Do I need an attorney to prepare my will?

No, it is not necessary to hire a lawyer to make a will. But a lawyer can assist you regarding your estate planning. A will must meet the legal requirements of your province, whether it is written by you or drafted by a lawyer. If you have significant wealth your beneficiaries will be inheriting and if you feel that the beneficiaries may end up in conflict, hiring a wills lawyer is better to ensure the will is drafted accurately.

3) A joint will or separate wills for me and my spouse

Joint wills are not suggested by the estate planners. You and your spouse are not going to die together, and it is possible that both have their own different properties. It is better to prepare separate wills for both.

4) Who should act as a witness to a will?

You can select anyone to become a witness for your will. But it is better not to choose the beneficiary because it may create a conflict of interest. Some provinces need more than two witnesses. A lawyer should also not be a witness.

5) How do I leave particular items to specific beneficiaries?

It is possible to leave particular items for specific beneficiaries. You just need to indicate all these things in your will. Another option is to create a separate document that is called a letter of instruction and put it with your will.

6) Who should I name as my executor?

A spouse, an adult child, a relative or a trusted friend can be named as an executor in your will.

These are some different information that you must-have when you writing a will. If you are looking for a will lawyer in Toronto who can help you with all your will related questions, then call us at 416-504-2259. We are happy to help.

Why is it important to have a will?

Everyone should have a will. It is helpful to distribute your property, name children’s guardians, name an executor, forgive debts, and more. Without a will, your provincial law will decide who will get your property when you die.

  • You decide how your estate will be distributed: A Will will decide, how you want to distribute your estate after your death. If you died without creating a will then no one can guarantee that your expected wishes will be carried out. A will can minimize the risk of family fights and defines the “who, what and when” of your estate.
  • You decide who will take care of your minor children: A will surely decide on who will take care of your minor children. If the will is not there, the court will decide on a guardian. Having a will can help you to decide the person that can take the best care of your children after your death.
  • To avoid a lengthy probate process: All the estates must go through the probate process if the will is there or not. If you have the will then the probate process becomes faster and the court can get the information about how you want to divide your estate. But without a will, the court will decide about the estate division.
  • You decide who will wind up the affairs of your estate: The executors play an important role to clear your bills, notify the banks, cancel your credit cards, and notify other businesses. Executors have the biggest role to play in the administration of your estates and that’s why you need to hire someone trustworthy, honest, and organized.

So, these are some points that why it is important to have a will. You must have a will so the court can not divide your property/estate without your permission. If you are looking for a will lawyer in Toronto then we can help you. Call us at 416-504-2259 for a consultation.

Why do You Need to Hire a Wills & Estate Lawyer?

When you are thinking about hiring an estate planning lawyer, you need to keep this in mind that one wrong word or signature missed can change the direction of a will or trust. So, today we will talk about why you need to hire an estate lawyer to draft your documents.

Estate Lawyers are Necessary as Estate Plans are Ruled by Provincial Laws

Provincial rules are strict and specific about what should be there and what should not be there in a will, trust, power of attorney, or medical documents. If you need a spokesperson for your personal needs, health care, or trustee, you need to follow the provincial rules. Also, what conventions must be followed when signing a power of attorney, will, or trust. When you have a qualified estate lawyer by your side, you can avoid costly mistakes.

Buyer Must Beware

When you decide to prepare your estate planning document, don’t think to save a few dollars by using the steps or forms found on the internet because it will not work. Your family might find that all your will, trust, medical, or power of attorney is not valid legally and it is not like you had expected. It will be hard then for your family to work with an estate planning lawyer to correct all your mistakes.

Avoiding the hassle of will Disputes and Probate

When your will is carefully drafted by an wills & estate lawyer, it can help you to avoid will disputes and probate which can be very costly. So, think about it. Saving a few dollars in drafting a will, will mean higher costs down the road.

So, to avoid these costly errors, it is recommended to hire an estate planning lawyer. If you are looking for an estate lawyer in Toronto then we can help you. Rogerson Law Group specializes in Estate Litigation, Probate, Asset Protection, Family Law, Bankruptcy, Drafting Wills, Will disputes, etc. Call us at 416-504-2259 for a consultation today.

5 Tips to Find the Best Divorce Lawyer

In today’s world, marriages are ending in divorce because of a variety of reasons like money, fights, communication gap, abuse, etc. So, it is important to find the best divorce lawyer to represent your interests and one who can understand your needs.

So, today we are going to give you some tips that can help you to find a good divorce lawyer. Let’s begin.

  1. Ask Your Family and Friends: Ask your family or friends if they know a good divorce lawyer. You must ensure that the lawyer you find should be specialized in divorce and family law.
  2. Understand Your Needs: In a divorce, you need to understand what you want from it. For example, if you want sole parental rights for your child, fair property distribution, child support/access etc. The family lawyer you hire must be able to address these needs.
  3. Find Out At Least Three Divorce Lawyers: Don’t hurry to choose a divorce lawyer at the first meeting. Try to find at least three different lawyers and interview them before making a decision. Find out someone whom you can connect with, one who understands the process, negotiates & communicates well, has the ability to solve problems smartly, and finally has good courtroom experience.
  4. Search Online: You can search on the internet as well. You can find all the details about divorce lawyers in your area online. You can consider the reviews people have posted for the lawyers and this will help you to find the best divorce lawyer in Toronto.
  5. Get Referrals from Your Insurance Firm: Your insurance firm can help you to find a lawyer for you. They know many lawyers from different fields. So, just call your insurance agent and ask him to give you a referral.

So, these are some tips that could help you to find your desired divorce lawyer. 

If you need a divorce lawyer in Toronto or Barrie, Call Rogerson Law Group at 416-504-2259 for a consultation today.

What Factors will a Court Consider in a Child Relocation Case?

Nowadays, families relocate more than before. The new ways of transportation help people to relocate and still keep in touch. Many divorced couples do this to start a new life and forget about the previous marriage.

Below are some factors that the court will consider.

  • Questioning Motives: A judge checks the character of the parent and what is the purpose of moving or relocating. Some parents want to move or relocate because of their ex and some have a valid reason behind the move request. So, there will be many questions the court can ask you about the motive of relocation.
  • Involvement: The involvement of both parents will be examined to see how it will affect the child’s future. In some families, some non-custodial parents spend very less or no time with the child. So, relocation may not be a good option for a child. But when a non-custodial parent is likely to give their time for the child and they are fully involved in their child’s life then it is possible to get a decision as the court will ask about the roles of each parent in child’s life.
  • Non-Custodial Questioning: A judge will spend time seeing the case thoroughly and evaluate the investments that are spent by the non-custodial parent in his/her child’s life especially when the parent is the primary caregiver. Sometimes, after relocation, the custodial parent becomes less involved in a child’s life. A parent also asked about how frequently he/she talks to the child and how it will work after the relocation.

If you need a child relocation lawyer in Toronto, Barrie or Greater Toronto Area, Contact Rogerson Law Group or call at 416-504-2259.

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