Plan Your Will

04/02/2025

04/02/2025

Kk

03/30/2023

FAQ's, Question 130
What is a power of attorney?

A Power of Attorney is a document that, when properly signed, appoints a substitute decision maker to make decisions on your behalf when you are alive. There are two types of power of attorney that estate planning is concerned with. 1)Continuing Power of Attorney for Property 2)Power of Attorney for Personal Care.

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03/29/2023

FAQ's, Question 129
What happens if I get separated from my spouse?

As of January 1, 2022, unless there is a contrary intention expressed in a will, a separation nullifies
-A gift to the former spouse
-An appointment of a former spouse as an Estate Trustee or trustee
-A conferring of general or special power of appointment on a spouse.

In such circumstances, a will is interpreted as though the spouse had predeceased the testator.

A spouse is considered to be separated from the testator for this purpose if

A) Before the testator’s death:
-They lived separate and apart as a result of the breakdown of their marriage
-They entered into an agreement that is a valid separation agreement (under part IV of Family Law Act
-A court made an order with respect to their rights and obligation in the settlement of their affairs arising from the breakdown of their marriage.
Or
-A family arbitration award was made under the Arbitration Act

B) At the time of the testator’s death, they were living separate and apart as a result of the breakdown of their marriage

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03/27/2023

FAQ's, Question 128
What happens if I get divorced from my spouse?

Unless there is a contrary intention expressed in a will a divorce nullifies:
-A gift to the former spouse
-An appointment of a former spouse as an Estate Trustee or trustee
-A conferring of general or special power of appointment on a spouse.
In such circumstances, a will is interpreted as though the spouse had predeceased the testator.

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03/23/2023

FAQ's, Question 127
What happens if I get married or remarried?

As of January 1, 2022, a marriage no longer nullifies a will. Until January 1, 2022, a marriage could nullify a will at the choice of the spouse, unless the will referred to the “contemplation of marriage.” With the changes, a marriage has no impact on a will.

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03/22/2023

FAQ's, Question 126
My will does not meet the formal requirements, is that okay?

Changes in the law effective January 1, 2022, allow more flexibility for a court to allow a will that does not strictly comply with formal requirements. However, it is unwise to leave the fate of your instructions to the approval of the court. Even with these saving provisions, take great care to ensure requirements are met.

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03/20/2023

FAQ's, Question 125
Are there special formal requirements if a testator is unable to understand English or is blind?

Where a testator is unable to understand English, the will must be read to the testator and the testator must appear to understand and approve its contents. Similarly, if a testator is blind, the will must be read to the testator. And the testator must appear to understand and approve its contents. This must be verified by affidavit.

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03/16/2023

FAQ's, Question 124
How do you prove that the formal requirements were met?

The easiest way to prove that the formal requirements of a will have been met is to have one of the witnesses swear an “affidavit of execution” in the format provided in the Rules of Civil Procedure.

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03/15/2023

FAQ's, Question 123
Am I able to sign the will remotely?

Ontario continues to require wills to be in writing and signed. Revisions to regulations now allow the witnessing to be done remotely, as long as a witness is a member of the Law Society of Ontario. It uses technology where the witnesses and the testator can see, hear, and communicate with each other in real time.

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03/13/2023

FAQ's, Question 122
What are the format requirements for a will?

A will must be in writing and signed at the end by the testator.

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03/09/2023

FAQ's, Question 121
What are the witness requirements?

A will must be witnessed by two adult witnesses. Neither witness can be a beneficiary or the spouse of a beneficiary. If the will is witnessed by audiovisual communications, at least one witness must be a member of the Law Society of Ontario.

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