It is very important decision in life to have Your Last Will in place. If you die without a Will, all your belongings will go to the next of your kin according to law. If your next of kin is also killed in a common disaster, all your belonging may become unclaimed and will go to the Government or may go to another of your family members, whom you did not intend to benefit.

It is also very important to have your Enduring Power of Attorney in place to deal with a situation where you are mentally incapacitated and your personnel directives to set out your wishes for the medical treatments, you do or do not wish to be administered, if you are unable to make those decisions for yourself. At GSD Law Group we can help you prepare Your Last Will, Your Enduring Power of Attorney and Personal Directives outlining your wishes in case of any disaster. We can also help you with the uncontested application for the grant of probate.

GSD Wills and Estate Services:

  • Your Last Will
  • Enduring Power of Attorney
  • Personal Directive
  • Uncontested Grant of Probate
Pocket watch and ink pen sitting on a will and testament document

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Do you have a Will or Power of Attorney in place?
Let’s do a quick mental test and see which category you find yourself in.

  • Do you see yourself as being conscious of the need to plan events concerning yourself and any properties you have acquired, both during your lifetime and after you have passed on?
  • Do you find yourself procrastinating over the decision to do a Will or do you not even intend on getting one?

Which category do you find yourself in? Both categories come with legal consequences.

Relevance Of A Will

Getting a Will done, whether you have acquired property or not is crucial.
On the one hand, you may require particular actions to be taken in the event of your death. A particular required action may be how and where you are to be buried. For persons with religious affiliations especially, specifications as to what exactly should be done assume greater significance in the event of their death.
On the other hand, if you have acquired properties, it is prudent to decide in advance how your properties should be handled after your passing!
Failing to do this may result in some unwanted relatives or even government taking over such properties.
Preposterous? That is why an important decision like getting a Will should not be left to chance!
That is what the team at GSD Law Group are ready to guide you in planning how things should be done either when you are incapacitated or dead.

Relevant Information for You

  • A Power of Attorney (POA) helps to deal with different situations. Due to illness, you may not have the mental capacity to make certain crucial decisions at a material time.In such an event, having an Attorney or even an Alternate Attorney in place to make important life or death decisions for you assumes even greater significance.
  • Taxes
    For various reasons, you may need help in filing your taxes or for representation in your tax obligations.While alive, if you are not present in Canada for any reason and there are issues with your tax obligations to the State, you can authorize a representative to handle that obligation on your behalf.

    For proper estate planning however, it is in your interest that the CRA be informed that you are deceased. Taxes on your estate will then be handled and paid by your executor if you have a Will in place.

    If you do not have one, a potential consequence could be more tax than necessary being paid from your estate to the State!

  • A Personal DirectiveThis can be distinguished from an Enduring Power of Attorney. A Personal Directive empowers the appointee to take specific personal decisions on that person’s behalf.

    On the other hand, an Enduring Power of Attorney is what you may need if you require help with the handling of your financial affairs, especially when you do not have the capacity to do that.

  • Alternate AttorneyAs the name suggests, the alternate attorney is empowered to act in place of the preferred attorney, when the preferred attorney for any reason, is unable to carry out the wishes of the Appointor.
  • Probate.Once you have prepared a Will, that Will has to be certified by a court that it has met all the formal requirements expected under law. This is important to help rule out any potential fraud in relation to your estate and to ensure that your wishes are carried out to the letter!
  • Estate LitigationIt is important to keep in mind that sometimes, your estate can be embroiled in litigation by your family members or other persons interested in your properties.

    By law, Wills require formal validity. That simply means that a court of law has to make a finding that the Will is valid or simply put, is not fraudulent.

    By law, a Will is determined as valid if it reflects the wishes of the testator and is also signed by any two witnesses. If this formal requirement is not adhered to, the Will could be thrown out or held invalid.
    On other occasions, a Will may be determined as lacking validity if at the time it was drawn up, there were issues with the testator’s mental capacity.

    Mental capacity issues could arise from old age or illness. Sometimes, issues of mental capacity arise from certain defined relationships which influence the testator to make certain improper decisions such as giving or allocating certain properties to the one exerting that improper influence, in the Will.

Regardless of the reasons you need to have a will done, at GSD Law Group, we have a terrific team in place to assist you and provide valuable advice on all personal matters and issues pertaining to your estate!
Give us a call!

Disclaimer: Any advice or views on this website is meant for guidance and not to offer legal advice or create any lawyer-client relationship.

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