Are Oral Wills Valid?
Published on 29 August 2022, 07:22:56 AM
Leaving videotaped greetings for viewing after you depart can be heart warming for loved ones and cherished friends. But there’s quite a difference between wishing your successors well and making videotaped or oral Wills.
Axess Law ensures your last Will and testament holds up under legal requirements for Ontario probate courts. We replace oral Wills or videotaped promises made with the best of intentions with a valid basic Will.
Sue over promissory notes you want to collect.
Types of Wills in Ontario
Last-minute Wills can turn into a frantic effort to see an Ontario estate go where the Will maker or testator intended. Axess Law discourages ill or injured parties — friends, family members or you — from making oral Wills or videotaping final wishes.
While oral Wills may be legal elsewhere, Ontario probate courts may reject unsigned Wills that don’t comply with the province’s drafting rules. That includes oral Wills or videotaped versions.
A handwritten or holographic Will made and signed by the deceased will be upheld if a professional Will signed by two independent witnesses is missing. You may not know it, but Ontario has strict criteria for valid Wills.
Mirror Wills for spouses and other types of Wills in Ontario.
Verbal Promises and Contract Law in Ontario
Verbal promises made while the deceased was alive may fall under contract law. Even then, without a witness, signed correspondence or verifiable email as backup, Ontario courts have only your word any potentially legally binding commitment was made.
It can be coercion to force a Will maker to follow through on verbal promises by signing them into legal existence. Courts overturn contracts, including Wills, made as a result of undue pressure or influence.
Why You Need a Lawyer for Wills
Axess Law Wills and estates lawyers make Wills that satisfy legal criteria in Ontario. You need not worry your Will could be successfully challenged on its technical merits alone — by creditors or beneficiaries — when it complies with Ontario estate law.
Don’t make oral Wills by mistake when you can hire a professional for so little.
Making a last Will and testament well in advance assures you and your loved ones your estate is not left to chance. Axess Law Wills are legally valid and binding on executors, estate trustees or personal representatives you appoint yourself.
What is probate and how it affects Wills in Ontario.
When you die without a Will or make oral Wills, your estate is left to an Ontario probate court to disburse. A judge with no knowledge of your family or estate makes decisions based on the provincial Succession Law Reform Act. Assets you meant to go to specific family members or friends are distributed by a court official according to a formula you have no control over.
Your long-divorced spouse may even inherit the bulk of your estate if your Will is out of date. Think how a new common law partner or biological children will feel about that.
How to protect assets from divorce.
Find a Wills or Probate Lawyer Near You
Writing a will in Ontario is quick and convenient when you use Axess Law. Your testamentary Will is a valid legal document your executor can take to Ontario probate court to settle your estate.
Axess Law minimizes the time and confusion required in making changes to Wills you may have drafted in past. We prepare new Wills every time to prevent outdated or invalid Wills from being presented to a probate court by an estate trustee who applies to represent you.
Get a certificate of appointment of estate trustee with a will (Ontario).
Your executor will need your last Will and testament and any changes to get the court’s permission to distribute your estate to beneficiaries. Why make their task more difficult by forcing them to hunt for Wills that may or may not be current? Making a new Will puts your latest estate plans in their hands. We give you the original and you can make as many copies as you need.
Flat Fee Legal Services at Prices You Can Afford
Axess Law drafts basic Wills to ensure your estate goes where you intended. Looking for cheap Wills Toronto? Our flat fee legal services are affordable and all-inclusive. You get only the services you need. Axess Law’s low cost Wills lawyers charge no extra fees or hidden expenses.
Grant power of attorney to someone you trust.
Making completely new Wills starts at $199.99 and up plus HST or $149.99 each and up plus HST for couples who make individual mirror Wills together. Including power of attorney for both personal care and property (financial assets) costs just $99.99 more plus HST when made at the same time as your Will.
For $299.99 plus HST, our lawyers for Wills meet you in person or save time and money with remote, online video calls. They’re secure and confidential. Axess Law virtual Wills with power of attorney start at $249.99 each and up plus HST.
What goes into an Axess Law basic Will.
Virtual or In Person Legal Appointments for Less
Book online or make appointments by phone or in person. Dial our 647-479-0118 lawyer line or toll free to 877-402-4277 for lawyers for Wills and probate lawyers near you.
Drop in to book in person appointments at Axess Law locations in Greater Toronto Area or Ottawa, 7 days a week. Day or evening appointments are available, at your convenience. Check out our onsite parking and easy transit access.
Can’t leave your home or office to prepare your Will? Don’t make that a reason to put it off. Axess Law virtual Wills lawyers video conference with you online at times that work for you. Our remote Wills services are confidential and secure. Just stop by any office to sign.
