Your Last Will and Testament is a legal document that outlines how your assets should be divided and your estate should be dealt with upon your death. It lets you decide who receives your property and possessions and name a trustee (or executor) to manage your final affairs giving you the assurance that your final wishes will be carried out as you intended. Surveys show most Canadian adults (over 55%) do not have signed, legally binding Wills. A Will created by Axess Law is witnessed by a lawyer, shared with your estate trustees, trusted next-of-kin, and stored in a safety deposit box.
A Power of Attorney for Personal Care gives an individual you trust the legal authority to make medical and long-term care decisions for you when you are unable to do so. This can include things such as your meals, housing, hygiene, nutrition, or anything else pertaining to your health and well-being.
A Will can only become valid once you pass away. For instances where you become unable to make vital decisions or understand its consequences because of an illness, injury, or age, Axess Law will draft you a Power of Attorney (POA). It is a document you draft voluntarily with the help of our Wills and Estate lawyers. A POA gives others legal authority to act on your behalf when you are unable to care for yourself or want help because of age or infirmity.
A Power of Attorney for Property gives an individual you trust the legal authority to make decisions about your assets if you are unable to. This can include things such as paying off your debt and bills, collecting money owed to you, or managing your real estate.
Click on ‘Contact us’ button to submit a request to meet with the Lawyer. Our customer care team will reach out to you within minutes to book your appointment.
On the day of your appointment, our lawyer will verify your identification and walk you through the intake process where they confirm your contact information.
Our lawyer will ask you a series of questions regarding your executor, beneficiaries, and make a note of your wishes before drafting a Will accordingly.
Finally, all that's left to do is sit back and wait for us to let you know when everything is complete. We'll take care of the details so you can enjoy the results.
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When it comes to Wills, there is no one-size-fits-all. Our expert lawyers at Axess Law will guide you to draft your Will based on your current situation and any future goals about what you want your beneficiaries to inherit.
Personal Will to safeguard your assets, dependent children and pets.
Individual Wills for married couples to avoid conflict & confusion.
Your Will to ensure your Business will be in safe and responsible hands.
A Last Will expresses your wishes for your child’s guardianship, and how your physical, as well as digital assets, are to be distributed and cared for. The
legal document also contains an Estate Plan to specify health care wishes and final arrangements that reflect your wishes.
The many benefits of a Last Will are to:
Ensure distribution of your assets as per your wishes.
Appoint a guardian for minor children and pets.
Minimize payment of estate taxes.
Avoid a lengthy probate process for your family.
Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, including evenings. We can meet in person, by phone, email, or via a remote video call. Axess Law offices have onsite parking and are easily accessible by public transit.
We strongly advise against using DIY Will Kits. These forms are often not designed specifically for Ontarians and may reference legal precedents from other jurisdictions. Estate law is governed by provincial regulations, which can vary significantly from one province to another.
Furthermore, estate law is constantly evolving. Ontario’s legislation surrounding Wills and estates is frequently updated, and most DIY Will Kits are not revised to reflect these changes.
No, a lawyer is not necessary to draft a Will in Ontario.
Handwritten Wills, also known as holographic Wills, are valid as long as they are entirely in the Testator’s handwriting and properly executed. However, there are significant risks associated with creating a do-it-yourself Will.
For instance, the Testator’s mental capacity may be questioned, potentially rendering the Will invalid. This could lead to your testamentary wishes being disregarded.
In order for a Will to be legally effective, the Testator must have testamentary capacity. Having a lawyer assist in drafting your Will ensures that it is legally sound and increases the likelihood that your Last Will and Testament will withstand any challenges in court.
Ontario doesn’t use the term living Wills, but you can make advance directives similar to a living Will in your POA. As long as your instructions are possible to follow, your attorney or substitute decision-makers cannot overturn your wishes. Axess Law’s Wills and estates lawyers prepare a power of attorney form that expresses your personal wishes.
Most Canadians only require a personal Will. But for those with considerable business or corporate assets under their name, they have the option of drafting a Non-Probated Will. In fact, we recommend you give it serious consideration. Passing assets outside your personal Will reduces estate taxes and ensures beneficiaries have financial resources much sooner than by going through Ontario probate court.
Mirror Wills are separate Wills made by spouses that include reciprocal terms. These state the same executors, beneficiaries, and alternate distribution plans (where your estates go if you and your spouse die at the same time).
However, you can change your Will at any time, with or without your spouse knowing, such as if you divorce or your spouse dies. That just means your Will no longer mirrors your spouse’s.
If you and your spouse got your estate documents initially drafted by us and your spousal status
changes, you will be required to obtain new estate documents. In such cases, you will provide
Axess Law with new instructions revoking the old ones and the following would apply: