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When a person dies without leaving a valid will, they have died “intestate”. A valid will can provide for who should administer the estate, who should benefit from the estate, and the terms on which the beneficiaries inherit. If you die without a will in place, your estate will be
In Ontario, a standard guardianship clause in a will where there are minor children typically appoints one or more guardians, may include alternate ones, and will usually refer to the need to obtain a permanent appointment by the court pursuant to the Children’s Law Reform Act[1] (please refer to my
There are important decisions that need to be made when parents with young families prepare their wills, including who will act as guardian of their minor children should both parents die. Not only do parents want to ensure they are providing for their children financially, they also want to be
Not to beat a dead horse, but it bears repeating: our population is aging. With an increase in the number of people in our society over 65 comes a variety of social and economic challenges, some of which you are no doubt already familiar with. One issue which many people
In addition to purchasing a first home, the birth of a child is another momentous life event that often spurs people to prepare a will. Expecting parents and parents of young children are usually keen to put wills in place in order to ensure that if something happens to them,
In my first year of law school–1978–Ontario introduced new legislation to allow a power of attorney to survive incapacity. It’s amazing to think that prior to 1978 only legal guardianships through the court process (then called “committeeships”) were available to allow a decision-maker to act on behalf of an incapable
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