Ottawa Will and Estate Lawyers

Our Dedicated Wills and Estate Lawyers are Ready to Help You.

Will and Estate Planning Lawyers in Ottawa. Planning for your family’s future is extremely important. Our team of experienced Will and Estate Lawyers will sit down with you and assess your situation. You will receive counsel regarding the best course of action for your individual needs. Whether you require assistance in planning your will, selecting powers of attorney, or need guidance with trust and guardianship agreements, Allan Snelling LLP’s skilled will and estate Lawyers are here for you.

Everyone deserves peace of mind, regardless of age or marital status. Contact us today for a no-obligation consultation with a Kanata estate planning Lawyer. We provide wills and estate planning and legal services to Kanata, Ottawa, and beyond.

Why do I need a will?

In the Canadian capital city of Ottawa, a will is an essential document that should always be considered. It doesn't matter if you have just a few thousand dollars in assets or millions, everyone needs to have a valid and legally binding will. Despite being in one of Canada's largest cities, life can still be unpredictable, and having a will can help protect both you and your surviving loved ones from any unfortunate situations that may arise. 

Having a will ensures that your wishes are known and respected after you're gone. Without one, the distribution of property becomes much more complicated as there is no written record of how you would like your assets to be divided among family members or friends. A will provides clarity on who should receive what, and it also helps to avoid disputes between family members. It can even be used to appoint guardians for children or pets if their parents or owners pass away. 

In Ottawa, having a will is especially important because provincial laws may not reflect your wishes when it comes to distributing assets such as real estate or investments. Without a legally binding document, these items could end up being allocated differently than what you had initially intended. Having a will ensures that all your wishes are followed exactly how you want them to be. 

Aside from outlining who should receive what after you're gone, having a will also allow you to designate someone as the executor – this person is responsible for carrying out your wishes according to your instructions. In Ottawa, having a will is the best way to ensure that all your wishes are respected and that your loved ones are taken care of after you pass away. 

With a professionally drafted will, you have the peace of mind of knowing that your assets and wishes are legally protected. Your executor can rest easy knowing that they do not have to guess what your intentions were but instead have clear direction on how to proceed. In a city like Ottawa where life is ever-changing and unpredictable, having a will is an essential step for everyone. Get in touch with a local lawyer today and start planning.

What should be included in my will?

When writing your will in Ottawa, Canada, there are a few important things you should consider including. 

First, you should list out who you would like to be the executor of your estate. This is the person that will ensure all your wishes are carried out and can either be an individual or a professional such as a lawyer or accountant. 

Next, you should decide how to divide up any assets and property between beneficiaries. This could include cash (in bank accounts), investments, and real estate. You should make sure that these items are distributed in a way that is fair and equitable to all parties involved. You may also want to specify whether certain items need to be sold before they can be divided among beneficiaries. 

You should also make sure to include a statement of your funeral wishes. This can be as detailed or general as you would like and can specify which cemetery you wish to be buried in, what type of services you’d like, who should officiate the service, and even if you'd like to have your body donated for scientific research purposes. 

Finally, it's important to include any other specific requests that may not fit into one of these three categories. This could include items such as charitable donations or guardianship arrangements for minor children. By including these details in your will, you can ensure that all your wishes are carried out after your death. 

By taking the time to properly plan out your will in Ottawa, Canada, you can ensure that your wishes will be followed and that all your assets are distributed as you intended. It is important to take your time when writing a will and to consult with a legal or financial advisor if needed. Writing a proper will gives you peace of mind knowing that your wishes will be honored after you pass away.

FAQs

I'm married without children; do I need a will?

We have been married for the last 25 years but don’t have any children. Do we need a will, or would everything just go to the surviving spouse anyway?

‍Yes, you do need a will. Whenever you don’t have any children, under the statutory distribution scheme for individuals that die without a will, your spouse would receive your entire estate. However, you should still have a will for at least two reasons:

1. Appointing an executor of your estate; and
2. Making instructions for the distribution of your estate if you’re predeceased by your spouse.

Appointment of an executor of your estate.

The executor named in a will has the legal authority to take possession of all your assets, do your final income tax returns, and deal with banks and government institutions. If you don’t have a will, a court would have to appoint an executor of your estate to deal with any assets that were not jointly owned, as well as any registered investments that did not have a named beneficiary. The process of appointing an executor usually takes a few months, so in addition to incurring unnecessary costs, there will be an extended delay during which your spouse will not have access to the assets in your estate. In my experience, some financial institutions will waive a probate requirement if your spouse is the named executor and the only beneficiary of your estate, which could provide your spouse with ready access to some assets shortly after your death.

‍Distribution of your estate if you survive your spouse.

‍By having a will in place, you will make sure that your estate is distributed the way you want it to be if your spouse passes away shortly before you, or in the event that you are unable to make a will after your spouse’s death.  Under the statutory distribution scheme, if you don’t have a spouse or children, your estate would go to your parents. Alternatively, if your parents are deceased, your estate would go to your siblings. This may not be your wish. For example, you might want to leave part of your estate to your spouse’s family, or you may wish to skip your parents and siblings and distribute the estate among your and your spouse’s nieces and nephews, or make gifts to a charity or charities. No matter which option you choose, having a will can provide the peace of mind of knowing that your estate will be distributed according to your wishes.

Wills - How are they validated? Can I hand write my own?

I made my own hand-written will a few years ago. I believe it’s valid and truly reflects my wishes, however my financial advisor told me I should get a proper will drafted by a Lawyer. Why should I do that?

‍Wills are legal documents that will dictate the distribution of assets after one’s passing and there are many reasons why wills should be prepared by a Lawyer specializing in this area of law.

‍Formal validity for wills to be valid and legally binding they have to be executed (signed) according to legal requirements. A Lawyer preparing your will would ensure that the document is executed properly and therefore legally valid and binding.

‍Comprehensiveness A Lawyer can make sure your will deals with all important matters, such as appointment of executor(s) and alternate executor(s), distribution of your assets, appointment of custodians and guardians for your children and setting up trusts for minor beneficiaries. Your Lawyer will also ensure your will gives executors enough powers to administer your estate and follow your testamentary wishes properly and efficiently.

‍Reflecting all your legal obligation

‍Under the law you are obliged to provide for your spouse and your dependents. Your Lawyer can advise you of your obligations to such persons.

‍Clarity of language

‍A properly drafted will should use language that is clear and precise to prevent any issues with interpreting your instructions contained in the document. Your Lawyer will make sure that proper language is being used to avoid any ambiguities and clearly reflect your intentions.

‍Preventing future challenges to your will

‍Having a Lawyer draft your will significantly reduce any risk of future legal challenge to its validity based on your legal capacity or any undue influence. When your legal capacity might be an issue, your Lawyer will gather and keep all the required evidence to prove you had the necessary legal capacity to make a will. He or she will also ensure there is no undue influence from any individuals, including family members, that would affect any of the provisions of your will.

Do I need a lawyer to get a will and powers of attorney?

Your last will does not have to be drafted or signed by a Lawyer. However, a will is a legal document that will determine who will have control of your estate and how it is going to be distributed. There are certain legal requirements that must be met for the will to be valid. As such it is very important that your will is drafted, signed, and witnessed properly.

‍How can a Lawyer help?

‍A Lawyer will ask you right questions to help you determine how to distribute your estate while taking into consideration various contingencies and scenarios that might be in place at the time of your passing. She will discuss with your legal clauses that you might want to include in your will, such as a beneficiary designation for your RRSP and insurance policies, expressing your wishes in regards to the custody of your minor children or confirming compensation for the executor. Your Lawyer will also talk to you about the powers that you want to give to your executor in addition to the powers he would have under current legal framework or limits that you want to put on such powers. She will properly draft your will and will try to help you understand all the legal clauses and legalities contained in a will. Your Lawyer will also make sure that your new will revokes all your previous wills or other testamentary documents. Most importantly, your Lawyer will also make sure that your will is properly signed and witnessed.

Your last will is an important legal document and you should retain a professional to help you with its preparation and execution. Seeking and using such help will give you peace of mind knowing that your affairs are in order and making sure that your will reflects all your wishes.

How often should I update my will?

It is important to review and update your will regularly, no matter where you live. However, for those living in Ottawa specifically, it is recommended that you review your will every three years or whenever a major life event occurs such as marriage, the birth of a child, moving to another city or country, adopting a new pet, etc. If any of these events occur during the three years, then it would be wise to update your will as soon as possible.

If there are changes in Canadian law that could affect your estate planning, then updating your will should also be done sooner rather than later. This can include changes in tax laws which would require amendments to your document. Therefore, staying on top of legal developments in Canada related to wills is a good idea. 

Updating your will should also be done if any of the beneficiaries listed in the document have changed their name, address, or contact information. This ensures that all the correct details are present and up to date, which makes it easier for the executors of your estate when it comes time for them to administer your will. 

Finally, if you have made any significant changes to your financial situation then updating your will would also be wise. For example, if you have acquired additional assets such as a new home or business venture that need to be included in your estate planning then making sure this is reflected in an updated version of your will can help avoid potential disputes down the line. 

Staying on top of your will and making sure it is up to date is important no matter where you live, but especially so if you are living in Ottawa Canada. Reviewing your will every three years or after a major life event such as marriage or the birth of a child is recommended, along with staying informed on any legal or financial changes which could affect your estate planning. Doing so can help ensure that when the time comes for the executors of your estate to administer your will everything goes smoothly. 

What is probate?

In Ottawa, Canada Law, probate is the court-supervised process of proving and validating a deceased person's will. It involves gathering the assets of the deceased, paying any debts or taxes they may owe, and distributing their remaining assets to beneficiaries named in their will. The probate process is necessary because it establishes the legal validity of a decedent's will and ensures that all the proper parties are notified about the estate. 

Probate also serves to protect creditors’ rights by requiring them to be paid before other debts or distributions can be made. Probate proceedings in Ottawa typically involve filing documents with an Ontario Superior Court as well as notice filings with government agencies such as Revenue Canada. The process must be completed before any beneficiaries can receive their inheritances. In addition, probate is also used to settle disputes between beneficiaries and creditors about the deceased’s estate. 

Although the process can be complicated, it is essential for ensuring that a decedent's assets are properly cared for and distributed by their wishes. This ensures that their loved ones are taken care of according to their last wishes. Proving a will in Ottawa can seem daunting but there are resources available to help ease the burden such as lawyers and other professionals who specialize in wills and estates law. 

Ultimately, probate is an important step in protecting a person’s legacy after they have passed away. It may provide closure for surviving family members as well as peace of mind knowing that their loved one’s wishes will be fulfilled following the law. 

The probate process is managed by an executor, who is named in the deceased's will and has the legal authority to ensure that all of their assets are distributed according to their last wishes. The executor must file a variety of documents related to the estate with the Ontario Superior Court including an application for probate, an inventory of assets, and a final accounting report. 

They must also provide notice to creditors, beneficiaries, and other parties as required by law. In addition to filing paperwork with the court, they must also collect any outstanding payments due on accounts or debts associated with the Estate. After this is done, they can then begin distributing assets to beneficiaries according to the terms of the will. 

Executors or beneficiaries need to understand that probate can take time and there may be unexpected obstacles or delays along the way. The process of proving a will in Ottawa typically takes several months but can take longer depending on the complexity of the estate, court backlogs, and other factors. 

It is best to plan and seek help from an experienced lawyer if needed. With their guidance, you can ensure that everything regarding your loved one’s Estate is handled properly according to Canadian Law. 

What is the power of attorney?

In Canada, power of attorney (POA) is a legal document that grants another person the authority to act on your behalf in a variety of situations. A POA is especially useful when you are unable to make decisions or take actions yourself due to physical or mental incapacity. The person granting the POA is called the “grantor” and the person receiving it is known as the “attorney”. 

There are two types of powers of attorney: general and limited. A general POA grants broad decision-making powers, such as managing all financial transactions, making medical decisions, executing contracts, and more. On the other hand, a limited POA only allows for specific tasks to be carried out on your behalf. 

When creating a POA, you must choose someone you trust to act in your best interests and make decisions that are both sensible and appropriate. You can also set up multiple POAs if needed. For example, appointing one person for financial matters and another for health care decisions. 

For the POA to be valid, it must be signed by two witnesses who will attest to the fact that you’re granting the power of attorney voluntarily, without coercion or force from anyone else. All parties must fully understand their role in this agreement before signing it. If they don't, they may not have legal protection if something goes wrong. 

Creating a power of attorney is a difficult decision, but it can be an invaluable tool in ensuring that your wishes are respected and carried out to the best of someone else’s ability. It is important to discuss this document with a lawyer and have them review it before signing off on it. 

With the right preparation and care, a power of attorney can give you peace of mind knowing that there is another person who will ensure your wishes are respected when you are no longer able to do so yourself. 

Can I contest a will?

In Ottawa, Canada, certain conditions need to be met for someone to contest a will. First and foremost, the person challenging the will must have “standing” - meaning they must have an interest in the estate of the deceased person. This means they were a spouse or common-law partner of the deceased, or a dependent of theirs at the time of their death. 

The challenger will then need to prove that the testator (the person who wrote and signed the will) was not mentally sound when making it and did not understand what they were doing. The law considers whether the testator had knowledge or approval of what was written in their will and if their mental capacity was such that they knew what they were doing. Things like age, health, and medical history can be taken into consideration as well.

In addition to this, the challenger also needs to prove that there was either fraud or undue influence involved in the making of the will. If a third party was able to influence the testator into making changes that they would not have normally made, this could be considered undue influence. Fraud is more difficult to prove and would involve proving a deliberate attempt by someone to deceive the testator or misrepresent facts to gain an advantage in the will.

These are just some of the conditions that must be met before someone can successfully contest a will in Ottawa, Canada. It's important for anyone considering challenging a will to consult with an estate lawyer who understands all the necessary steps involved and can provide guidance throughout the process. Taking legal advice may save time and stress in the long run when it comes to challenging a will.

How can I minimize estate taxes?

One of the best ways to minimize estate tax in Ottawa, Canada is to make sure that estate planning comes first. This includes reviewing all existing financial documents, such as wills and trusts, and making any necessary adjustments. It is also important to update beneficiary designations on insurance policies and other accounts regularly. Additionally, when creating a trust, consider naming an independent trustee who lives outside of the country so that assets can be transferred out of reach of Canadian taxes upon death. 

Another way to minimize estate tax in Ottawa is to take advantage of available deductions. Transferring assets between spouses or common-law partners before death is one example; gifts made during a person’s lifetime are deductible up to certain limits. Furthermore, some expenses related to the estate may be deducted, such as funeral expenses and legal fees. 

Finally, it is also important to stay informed of any new federal or provincial changes that could affect the total amount of tax paid. Tax laws are constantly changing, so make sure you consult with a qualified professional if you need help understanding how these changes may apply to your situation. With thoughtful planning and some expert advice, minimizing estate taxes in Ottawa can be much easier than expected.