Walsh Legacy Law Firm

04/16/2024

There is one more month to complete an application for the fully funded Rotary Peace Fellowship.⌛

Earn a master’s degree or postgraduate diploma in disciplines related to peace and development from one of our eight Rotary Peace Center partner universities around the world. 🌐 Studying at a Rotary Peace Center is a life-changing experience for peacebuilding professionals seeking advanced knowledge, skills, and networks to achieve their goals to affect positive change. Learn how these Rotary Peace Fellows are making a difference: https://on.rotary.org/4cSkrIJ

09/14/2023

Here is the Estate Planning Booklet for individuals that we use for our meetings.

09/12/2023

📣📝 Importance of Having a Last Will and Testament in Ontario 🇨🇦

Hello friends and family! 👋🏼 Today, I wanted to raise awareness about something that may not be the most enjoyable topic to discuss, but is nevertheless crucial for everyone to consider: having a Last Will and Testament. ⚖️ Planning for our future and ensuring our loved ones are taken care of is a responsible step we should all take, no matter how old or young we may be. Let's dive into the importance of this legal document in Ontario!

A Last Will and Testament serves as a powerful tool to ensure that your assets, property, and belongings are distributed according to your wishes after your passing. It provides clarity and legal protection, allowing you to decide who will inherit your estate, whether it's family, friends, or charitable organizations. By creating a will, you can avoid any potential misunderstandings or disputes among your loved ones during an already difficult time.

Without a will, your estate will be distributed according to the laws of intestacy, which may not align with your personal wishes. This can lead to unexpected outcomes and may even result in your assets being placed in the hands of individuals you did not intend to benefit. To prevent this from happening, it's essential to consult with a lawyer experienced in estate planning to create a will that accurately reflects your desires.

Remember, having a will is not just for the wealthy or elderly. It's an important document for people of all ages and backgrounds. In addition to naming beneficiaries, your will can also designate a guardian for your minor children, and even establish trusts for loved ones who may need additional support. Taking care of these details can provide tremendous peace of mind.

In most instances, a written will must be signed by you in the presence of two witnesses, who must also sign the document. However, it's important to note that without legal advice, there is a risk of errors and omissions that could render your will invalid, in while or in part. Getting proper legal guidance is therefore crucial.

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If you haven't created your Last Will and Testament yet, don't delay any further! Consult a professional soon and ensure your wishes are documented properly. Remember, taking care of your loved ones' future is an act of love and responsibility.

07/06/2023

Thank you all who voted for Walsh Legacy Law Firm as the Platinum Winner in Estates Law in Community Votes. We are proud of the work we do to help people in estate planning and estate administration.

11/27/2022

A wonderful evening at Beach Grove for our firm Christmas Party hosted by the Tecumseh BIA

01/24/2022

With home prices continuing to rise and the threat of rising mortgage rates causing some anxiety, especially for first-time home seekers, information and guides from CMHC are a good source for providing guidance as one considers home ownership. Take a look:

A homebuying guide for first-time buyers and anyone house hunting again. Current information and calculators to help with every step of the buying process.

12/05/2021

Walsh Legacy Law Firm team

11/10/2021

Absolute Discretionary Trusts

An absolute discretionary trust (a.k.a discretionary trust or Henson Trust) is a flexible form of trust in which the trustee (or trustees) is required to exercise discretion over if and when the beneficiary is to receive income or capital from the trust for maintenance and support, as well as the amount of proceeds to be disbursed. The beneficiary does not have an automatic right to the income or capital.
A discretionary trust is typically used in estate planning because of this flexibility – the trustee can consider any circumstances surrounding the beneficiary as well as tax implications when exercising their discretion. It is comforting to know that your loved ones will receive adequate financial support, even when unforeseen circumstances arise. Although anyone can be the beneficiary of a discretionary trust, they are frequently used in regards to beneficiaries with disabilities because such trust can help to preserve ODSP eligibility.
The trustee is responsible for the oversight of assets within the discretionary trust and their disbursement. The trustee must carefully manage and invest any assets while they are held in the trust, while simultaneously exercising their discretion in regards to when and in what amount any assets should be disbursed to the beneficiary. If the beneficiary is an ODSP recipient, special attention must be given to any limits imposed pursuant to regulations.
The trustee is responsible for the disbursement of assets at their discretion and maintaining accurate records and accounting of any payments and income. Finally, the trustee must distribute the assets upon the winding up of the trust, either at their own discretion or on the death of the beneficiary.
Since the trustee is tasked with some very important duties, it is vital to ensure that you have complete faith in the person you nominate as trustee. It should ideally be someone you feel is capable, trustworthy, and familiar with the needs of the beneficiary. If you are unsure, you may consider appointing more than one trustee so that they can allocate the responsibility and hold each other accountable.
Many families will nominate a trustee who is willing to undertake additional duties, such as managing the beneficiary’s personal care, and dictating how disbursements will be used. However, it is central to note that while these duties may be functionally important, the trustee is generally not legally responsible to assume them. For this reason, it may be both prudent and reassuring to nominate a trustee who is willing to take on this extra work, such as a family member or close friend.
Although estate planning can seem overwhelming, there is some comfort in knowing that your loved ones will be taken care of after your passing. A discretionary trust is just one way of doing that, and it can make a big difference to those who are not able to support themselves financially.

09/09/2021

The Importance of Estate Planning & Having a Will
- by Samantha Regier, Student-At-Law

You have probably heard that having a will is important. You have probably also heard that almost all adults should have one. However, in a 2021 survey, approximately 58% of Canadians polled reported not having a will at all. While 42% reported having a will, almost a quarter of them considered their wills to be outdated. These numbers become even more staggering when you categorize them by age: 80% of those aged 25-34, and 75% of those aged 35-44 reported not having a will.
So why do so few Canadians have up-to-date wills?
For many of us, the prospect of actually needing a will seems decades away. We feel like we have time to put it off until we get married, have another kid, buy a new house, or grow old; but the reality is that it’s impossible to plan when exactly you’ll need one. It’s important to keep in mind that having a will isn’t necessarily a “once in a lifetime” thing. As our circumstances change over time, we can always go back and change our wills – but having one in place, just in case, can make a big difference for our loved ones for a number of reasons.
The principal reason to have a will is exactly what you think it is: you control where your estate assets go. This is particularly important when you wish to leave gifts to loved ones who aren’t in your immediate family. Without a will, provincial law will dictate who is entitled to your property – and friends, relatives, and common law spouses will likely end up with nothing or with less than what you had intended. You can use your will to ensure that loved ones get monetary gifts or sentimental heirlooms, but you can also use it to prevent distribution to certain individuals. Putting your wishes into a will ensures that they are carried out – other promises of gifts are not always legally binding, and may not be considered by courts if they aren’t written into your will.
Not only do you get the peace of mind that your estate will be distributed how you want, but it can reduce the amount of stress on your loved ones in an already tough time. There are a number of ways in which you can ease the pressure on your loved ones through your will. You can use your will to appoint an estate trustee (or a few) who you feel is capable, trustworthy, and organized to carry out the distribution of your estate. Appointing an estate trustee reduces the complexities associated with distribution, which means that your loved ones can obtain their gifts sooner. Leaving clear instructions can also help to reduce disagreements regarding the distribution of your estate. Vague or nonexistent instructions can breed disputes among family members, sometimes leading to lengthy and expensive court battles.
Finally, your will is also an opportunity to nominate someone of your choosing as guardian for your minor children and/or dependents. If there is none selected in your will, the court will appoint one for you, which may be contrary to your wishes. You can also name someone to take care of your pet after you pass, and provide them with everything they might need for your pet’s care.
Making a will is easier than you might think, and your loved ones will be grateful for it.

07/14/2020

Walsh Legacy Law Firm is looking to hire a Legal Assistant with a minimum of 2-years experience in Real Estate transactions.

Please do not apply if you do not have experience.

Experience in Wills, Estates, and Corporate/Commercial Law is an asset.

Salary is commensurate with experience. Benefits included.

Please send your resume to [email protected] if you are interested in applying for this position.

03/16/2020

For your information:

Notice to Accused Persons, Profession, Crown, Public Prosecution Service of Canada, Correctional Institutions, Witnesses, Jurors, The Public and The Media Regarding Criminal Operations

SUSPENSION OF SUPERIOR COURT OF JUSTICE REGULAR OPERATIONS
March 15, 2020
To protect the health and safety of all court users and to help contain the spread of the 2019 novel coronavirus (COVID-19), the Superior Court of Justice (SCJ) is suspending all regular operations, effective Tuesday, March 17, 2020, and until further notice.
By order of Chief Justice Morawetz, for any accused person who has a criminal matter scheduled for any type of appearance in the Superior Court of Justice between March 17, 2020 and June 2, 2020, that matter is adjourned, unless directed otherwise by the Court. To preserve jurisdiction, for all accused persons who have been scheduled to appear between March 17, 2020 and June 1, 2020 a bench warrant with discretion will issue as of the date the person is scheduled to appear, pursuant to s. 597 (4) of the Criminal Code.
Accordingly, accused persons with matters scheduled in the Superior Court of Justice in the month of March, 2020:

are adjourned until June 2, 2020

must appear in court on June 2, 2020 at 10:00 a.m. at the court location at which they were to appear in March, 2020.

a bench warrant with discretion is issued to return on June 2, 2020, and

if the person fails to appear on June 2, 2020, a warrant will be issued for their arrest.

Accused persons with matters scheduled in the Superior Court of Justice in the month of April, 2020:

are adjourned until June 3, 2020

must appear in court on June 3, 2020 at 10:00 a.m. at the court location at which they were to appear in April, 2020.

a bench warrant with discretion is issued to return on June 3, 2020, and

if the person fails to appear on June 3, 2020, a warrant will be issued for their arrest.

Accused persons with matters scheduled in the Superior Court of Justice in the month of May, 2020:

are adjourned until June 4, 2020

must appear in court on June 4, 2020 at 10:00 a.m. at the court location at which they were to appear in May, 2020.

a bench warrant with discretion is issued to return on June 4, 2020, and

if the person fails to appear on June 4, 2020, a warrant will be issued for their arrest.

A. URGENT CRIMINAL MATTERS DURING THE SUSPENSION
The Court will continue to hear urgent matters during this emergency period. The Court plays a fundamental role in our constitutional democracy. Access to justice for the most urgent matters is available. This Notice identifies the urgent criminal matters that will be heard during the suspension of operations, and the process for bringing such matters before the Court.

Judicial Pretrials

Any counsel requiring a judicial pretrial on an urgent in-custody matter that has been affected by this adjournment should make arrangements with the Crown and make a request through the trial coordinator

A list of trial coordinators’ contact information can be accessed here

Judicial pretrials will be handled by phone

Crown and defence counsel will be required to file matters electronically with the trial coordinator

The court requests the cooperation of Crown and defence in assisting to provide the court with the necessary material during off-site operations

All judicial pretrials scheduled prior to March 17, 2020 are adjourned, unless the presiding judicial officer directs otherwise. These matters may be rescheduled in the upcoming weeks and will be conducted by phone.

Trials

All trials are adjourned, unless ordered otherwise

Accused persons, witnesses and counsel involved in jury trials that are in progress will receive direction from the presiding judge on March 16, 2020

Witnesses, Lawyers and Jurors

Witnesses, lawyers and jurors should not attend court for trials or any matters between March 17 and May 29, 2020, unless specifically ordered to do so by the presiding judge. Jurors and witnesses will be re-notified of when to attend. Unless ordered otherwise, ongoing trials will be adjourned to a date after June 1, 2020.

Bail, Bail Reviews and Detention Reviews

Bail, Bail Reviews and Detention Reviews will be available remotely. The court will utilize to the fullest extent Criminal Code provisions permitting matters to be heard in the absence of the accused, or in the presence of the accused by way of audioconference or, if available, videoconference. Parties are urged to provide consent to the use of these alternative processes to the fullest extent possible, where such consent is required.
Defence and Crown counsel should work together to arrange a date and the filing of materials through the trial coordinator.

Self- represented persons

Assistance to self-represented persons may be available through a roster of volunteers from the criminal defence bar.

Sureties

Defence counsel will be responsible for arranging to confirm sureties’ identification and to assist them to sign bail by signing an electronic bail release and scanning it back to the court registrar to be forwarded to the institution.

Guilty Pleas and Sentencing

Guilty pleas and sentencing can be dealt with remotely for persons in custody in urgent circumstances.
Counsel should book a judicial pretrial to make arrangements.

Resumption of Normal Operations

In the weeks ahead, the Court will finalize a plan to resume regular operations. Criminal matters are scheduled to return in the first week in June. However, if circumstances change and normal operations can resume earlier, the court will notify counsel, the Crown and institutions.
B. REGULAR FILINGS
For regular filings, that are not urgent as defined in this memo, the Ministry of the Attorney General advises that courthouses will remain open. Those filings may continue to occur. However, where procedural rules or court orders require the filing of documents during this emergency period and it becomes impossible to file at the courthouse or is believed to be unsafe, parties can expect the Court to grant extensions of time once the Court’s normal operations resume.
During this temporary suspension of regular operations, the Court calls upon the cooperation of Crown and defence to engage in every effort to cooperate with each other and to provide assistance to the Court in an effort to deal with urgent matters.

Geoffrey B. Morawetz
Chief Justice
Ontario Superior Court of Justice

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01/09/2020

Walsh Legacy Law Firm is looking to hire a Legal Assistant with a minimum of 5-years experience in Real Estate transactions. Experience in Wills, Estates, and Corporate/Commercial Law is an asset.

Salary is commensurate with experience.

Please send your resume to [email protected] if you are interested in applying for this position.