FAQs

1. What is the Purpose of a Will?

A will is a legal document that outlines your wishes regarding the distribution of your assets, care of your dependants, and other matters after your passing. It allows you to control how your estate is managed and distributed.

2. Do I Need a Will if I Do Not Have Many Assets?

Yes. Having a will is important regardless of the size of your estate. It ensures that your wishes are followed. It simplifies the probate process and can provide for your dependants' care.

3. What Happens if I Die Without a Will?

If you die without a will, you are considered to have passed “intestate.” The laws of the province will determine how your assets are distributed, which may not align with what you would have intended. This can also make the process more complex for your loved ones.

4. How Often Should I Update My Will?

It is advisable to update your will whenever there has been a significant change in your life, such as marriage, divorce, birth of a child, death of a loved one, or acquisition or loss of a substantial asset. We suggest that you revisit your will in any case every five years, just to make sure that you are still comfortable with the provisions.

5. What is Probate?

Probate, also referred to as an Application for Estate Trustee, is the legal process of validating an executor who will be responsible for distributing the deceased person’s assets. You may not need to apply for probate, but we can help make that determination and, if necessary, follow through with the court procedure.

6. How Can I Minimize Estate Tax?

Estate tax laws vary depending on the estate and the jurisdiction. Proper estate planning can help minimize taxes, while at the same time providing you with a document that will distribute your assets as you wish.

7. Can I Challenge a Will?

There are various circumstances that can give rise to a will challenge. For example, if there is a concern about the deceased’s mental capacity or if there is a suspicion of undue influence. If you are concerned that a will is improper, let us discuss your situation and advise if you have a case.

8. How Do I Start the Process of Creating a Will?

To begin your estate planning, schedule a consultation with our legal team. We will discuss your specific needs, guide you through the necessary steps, and draft a comprehensive and legally sound document for your approval. We pride ourselves on asking the difficult questions – many times, we find that people have choices that they didn’t know they had!