Wills

Sample Services:

* Powers of Attorney for Personal Care

* Powers of Attorney for Property

* Wills

INFORMATION ABOUT WILLS AND POWER OF ATTORNEY

Why have a Will?

By means of a will, one exercises the right conferred by law to express one’s post-mortem objectives:

* to provide for the welfare of one’s family,

* to distribute one’s assets as one thinks best and

* to secure the efficient management of one’s property.

Therefore, the underlying aspect of a will, then, is the maker’s intention. Though the testator’s solicitor draws the will, it is the testator who must determine what he or she wants the will to do.

What are the formal requirements of execution?

In Ontario, a will, other than a holographic will, must be in writing and signed by the testator at the end in the presence of two witnesses who must also sign the will in the presence of the testator and in the presence of each other.

A testator should sign the will using his or her customary signature.

A witness should not be a beneficiary or a spouse of a beneficiary. Otherwise the gift to that beneficiary may be invalid even though the execution of the will is valid.

What is a Power of Attorney?

A Power of Attorney is an authority given by one person (the grantor or principal) to another person (the attorney) to act on behalf of the grantor in conducting his or her financial affairs, or in making personal decisions for the grantor.

Why have a Power of Attorney?

Power of Attorney provide a mechanism for an individual to maintain some element of control over the administration of his or her affairs, should that person become incapacitated.