Wills and Estate Law

Custom Will Drafting: Our expert drafting and execution of your Last Will and Testament by the best family lawyer ensures your assets are distributed exactly as you intend to your specific beneficiaries. This is a crucial part of effective estate planning that we prioritize at our Toronto law firm.

Estate Trustee Appointment: Clearly naming your Estate Trustee (Executor) is essential in the estate administration process. This gives them the legal authority to manage your estate and fulfill your wishes after your passing, supported by our legal advice.

Guardianship for Minors: We provide comprehensive planning to appoint guardians for minor children, ensuring their care and custody is determined by you, not the courts. This is vital for peace of mind in estate planning and reflects our commitment at our Toronto law firm.

Structuring Gifts and Legacies: Our team structures specific gifts, legacies, and charitable donations to minimize tax impact and ensure smooth transfer of ownership while adhering to wills and estate law, guided by the best family lawyer.

Minimizing Probate Fees: By strategically structuring your Will and beneficiary designations, we aim to reduce or avoid potential probate fees (Estate Administration Tax). This makes the estate administration process more efficient, an aspect we emphasize in our legal advice.

Avoiding Intestacy: We ensure you have a valid Will in place to prevent the costly and complicated situation of dying intestate (without a Will), where provincial laws dictate asset distribution. This further emphasizes the importance of estate planning, a focus of our Toronto law firm.

Will Review & Updates: Our services include reviewing existing Wills to confirm validity and ensure they reflect current family situations, asset portfolios, and legal compliance, which is essential for effective estate planning and adherence to wills and estate law, supported by our experienced legal advice.

Continuing Power of Attorney for Property (CPOA): Drafting a legal document that empowers a trusted individual (your Attorney for Property) to manage your financial affairs, assets, and real estate if you become mentally incapable. This is a crucial aspect of estate planning and is best handled with legal advice from a knowledgeable Toronto law firm.

Power of Attorney for Personal Care (POAPC): Appointing a reliable person (your Attorney for Personal Care) to make decisions regarding your medical treatment, housing, nutrition, and safety if you are unable to communicate your wishes. This ensures your preferences are honored in accordance with wills and estate law, making it essential to consult with the best family lawyer.

Immediate vs. Springing POA: Advising on whether your power of attorney should be effective immediately or become effective at a later date.

Probate Applications: Our Toronto law firm offers comprehensive legal guidance for the Estate Trustee (Executor) in applying for the Certificate of Appointment of Estate Trustee (Probate) from the Ontario Superior Court of Justice, as part of our probate services. Estate Administration: We assist the Estate Trustee with all administrative duties, including identifying and marshaling estate assets, managing and paying outstanding debts, and arranging necessary appraisals, which are crucial aspects of effective estate administration. Asset Distribution: Our team oversees the lawful distribution of the remaining estate assets to the beneficiaries as specified in the Will, ensuring all conditions and legal requirements are met in accordance with wills and estate law. Accounting to Beneficiaries: We prepare and present formal or informal Passing of Accounts to beneficiaries and the court, providing transparency on how the estate was managed. Tax Compliance: Our legal advice includes coordinating with accountants to ensure all final tax returns are filed and tax clearance certificates are obtained before the final distribution of the estate. Intestacy Administration: We provide legal support for administering an estate where the deceased died intestate (without a Will), ensuring compliance with estate planning principles. Trustee Support: Our best family lawyer offers continuous support and advice to the Estate Trustee throughout the often complex and time-consuming process, including guidance on powers of attorney, ensuring they meet their fiduciary obligations.

Challenging Will Validity: Engaging the best family lawyer for legal representation when contesting a Will on grounds such as undue influence, lack of testamentary capacity, or improper execution and witnessing is essential in estate administration. Consulting a Toronto law firm can provide the expertise needed in these sensitive matters.

Estate Trustee Disputes: Handling disputes involving Estate Trustees (Executors) is crucial in estate planning. This includes applications for their removal due to mismanagement, conflict of interest, or breach of fiduciary duty, where legal advice from professionals can be invaluable.

Dependent Support Claims: Assisting eligible family members (dependents) who were unfairly excluded or inadequately provided for in a Will to make a claim for adequate provision and support is vital for ensuring fair distribution under wills and estate law. The best family lawyer can help navigate these complex issues.

Passing of Accounts Litigation: Litigating disputes over the Estate Trustee's accounts is necessary to ensure beneficiaries receive a transparent and fair accounting of the estate's administration, particularly regarding probate services. Legal advice from a Toronto law firm can be beneficial in these cases.

Interpretation of Wills: Seeking court direction to interpret ambiguous or unclear clauses within a Will that lead to disagreement among beneficiaries is an important aspect of estate planning. Engaging the best family lawyer can help clarify these issues.

Mediation & Settlement: Providing skilled representation in negotiation and mediation is key to resolving estate disputes efficiently and privately, avoiding costly, prolonged courtroom battles where possible. This approach often aligns with effective estate administration strategies, underscoring the importance of legal advice.

Trust Disputes: Addressing disputes related to the creation, administration, and distribution of assets within testamentary or inter vivos trusts is a critical component of both estate planning and wills and estate law. Consulting a Toronto law firm can provide the necessary guidance in these complex matters.