Wills and Estates

At Mason Bennett Johncox, our experienced team of lawyers and staff provide a full range of Estate Planning and Estate Administration
services including:

Estate Planning

  • Will Drafting
    • Individual Wills
    • Spousal Wills
    • Multiple Wills
  • Codicils (minor amendments to existing wills)
  • Powers of Attorneys (Property and Personal Care)
  • Trust Agreements
  • Business Succession Planning

 

Estate Administration

  • Assisting Executors with the Administration of
    Estates
    • Will Interpretation
    • Advising Executors of their Duties
    • Advertising for Creditors
    • Arranging for the Transfer of Assets
    • Preparing Releases
    • Representing the Estate in Court
    • Assisting in Passing Accounts
  • Preparing Probate Applications (with or without a Will)

 

Frequently Asked Questions

Why should I have a Will and Powers of Attorneys?

A Will is a legal document that sets out your wishes and directions with respect to the disposal of your estate after your death.
Without a Will, your estate is said to be “intestate” and will be distributed in accordance with Ontario legislation, which may or may not reflect your
wishes. “Intestacy” will likely create higher costs, avoidable delays and squabbling among family members. Additionally, without a Will, the court will
need to approve who will act as your executor, and who will look after your minor children, as the case may be. 

A Power of Attorney is a document in which you grant power of your assets or personal careto another person. Without Powers of Attorney, your family may not be able to make decisions for you in the event you cannot make decisions for yourself.  If you do not have Powers of Attorney and you become incapacitated, the government will be in charge of administering your affairs.

People have a natural, subconscious reluctance to create Wills and Powers of Attorney.  That is understandable:  thinking about your own
death or future incapacity is not pleasant. However, when you have not done that planning, there is always that nagging thought that you should do it. 

Simply put, aside from terminal illness, you generally do not know that your death is imminent.  A person could be killed or incapacitated by an accident at any time.  You need to have a Will and Powers of Attorney now, not later. 

An intestacy creates all kinds of bureaucratic nightmares which your loved ones must deal with, making the grieving process far more stressful than necessary.  The same can be said for incapacity without powers of attorney.  No-one wants to burden their friends and family with added stress and
obligations.

Another, more tangible reason is this:  It will cost you (or your estate) thousands of dollars to deal with an intestacy or incapacity in the absence of Powers of Attorney.  Spend a little now to avoid having to spend a lot later! 

 

What are Powers of Attorneys?

There are two different types of Powers of Attorney:

A Continuing Power of Attorney for Property is a legal document in which a person gives someone else the legal authority to make decisions about their finances, assets and personal property, and is typically used if they become unable to make those decisions themselves. The person who is named as the attorney does not have to be a lawyer, and in most cases is either a spouse or close relative. The power of attorney is called "continuing" because it can be used after the person who gave it is no longer mentally capable.

A Power of Attorney for Personal Care is a legal document in which one person gives another person the authority to make personal care
decisions on their behalf if they become mentally incapable to do so for themselves.

 

How often should I review my estate plan?

There is not a set time period within which you should review your estate plan.  Estate plan reviews should be event- or circumstance-based
instead of time-based.  Whenever something significant happens in your life (marriage, children), that is the time to review your estate plan. Significantly, when you get married, a previous Will you have drafted is, by law, most often automatically revoked. Thus, you would need to draft a new Will.

The following are some examples of significant events that should trigger a review of your estate plan:

    • You get married
    • You get divorced or separated
    • You become involved in a common law relationship
    • You have a child or grandchildren
    • You move to another province or country
    • Your executor(s) or trustee(s) is/are in poor
      health or have passed away
    • One or more of your beneficiaries passes away
    • You have a falling out with one of your
      beneficiaries
    • You have one or more people that become
      financially dependent on you
    • You have or anticipate financial difficulties
    • One or more of your beneficiaries gets married
    • You obtain property in another province or
      country

If you have not reviewed your estate plan in the past 5 years, now is probably a good time to review it.

Schedule an appointment for an initial consultation today, 905-620-4499 ext. 228.