Michael Carabash authored a 27-page guide about Wills in Ontario. The guide defines what a Will is, outlines the legal requirements for a Will to be valid, and discusses what happens if someone dies without a Will. It also explains the basic structure of a Will, common clauses included in Wills, and other topics related to estate planning. The full guide is available for free to those who purchase a related legal form from Dynamic Lawyers.
This document provides an overview of cohabitation agreements in Ontario. It defines a cohabitation agreement as a written contract between two people in a non-marital relationship that deals with their respective rights and obligations during and after their cohabitation. It notes the legal requirements for a valid cohabitation agreement and how they can be challenged. It also summarizes some of the key terms and sections that are typically included in a cohabitation agreement such as property ownership, support obligations, and termination of the agreement. The document is intended to provide general information and notes that independent legal advice is recommended for entering into a cohabitation agreement.
This document provides an overview of different business organizations in Ontario, Canada, including sole proprietorships, general partnerships, limited partnerships, and corporations. It discusses the advantages and disadvantages of each structure, how they are created and maintained, issues around liability, taxation, and other considerations. The author, Michael Carabash, is an Ontario lawyer who provides this information for educational purposes and notes that professional legal advice should be sought for establishing or changing a business structure.
This document discusses factors that could impact the validity and enforceability of a legal form or contract. It notes that for a contract to be valid, the terms must be clear and complete, and the process for entering into the contract must be fair. Specifically, it outlines requirements like consideration, terms not being contrary to public policy, and factors impacting consent like duress, undue influence, or misrepresentation. The document provides examples to illustrate these concepts and notes that speaking with a lawyer is recommended to avoid potential challenges to a contract.
This document provides an overview of non-compete and non-solicitation agreements in Ontario. It discusses what restrictive covenants are and defines non-compete and non-solicitation clauses. It notes that for these clauses to be valid and enforceable in Ontario, they must be clear, certain, and not too vague. The document also discusses factors that courts consider for determining whether exceptional circumstances exist to uphold a non-compete clause and when it may be advisable to only include a non-solicitation clause rather than both types of restrictive covenants.
The survey of 500 solo/small firm Toronto lawyers found that the vast majority (88%) rely on the billable hour to value their legal services. The average hourly rate was $338, with rates ranging from $78 to $750. While 64% offered some form of free initial consultation, the average initial consultation fee was also $338. Excluding contingency fees, only 5% offered alternatives to hourly billing such as fixed fees or day rates. Overall, the dominance of the billable hour may be challenged as lawyers begin to leverage technology to provide more affordable and convenient legal services.
This document provides a summary of wills in Ontario. It discusses what a will is, the legal requirements for a will to be valid, whether a lawyer is required, the benefits of having a will, what happens if someone dies without a will, how property will be divided in that case, how to prepare for making a will, the basic structure of a simple will, how a will can be amended or revoked, common will clauses, and other related topics. The document is intended to help answer common questions about wills and estate planning in Ontario.
The document provides an overview of residential lease agreements in Ontario. It discusses key topics such as the landlord and tenant's obligations under the Residential Tenancies Act, terms that must be included in a lease such as rent and security deposits, and how disputes are resolved by applying to the Landlord and Tenant Board. The document is intended to educate about residential leasing laws but notes that it does not constitute legal advice. Readers needing legal advice should consult a lawyer.
This document provides an overview of cohabitation agreements in Ontario. It defines a cohabitation agreement as a written contract between two people in a non-marital relationship that deals with their respective rights and obligations during and after their cohabitation. It notes the legal requirements for a valid cohabitation agreement and how they can be challenged. It also summarizes some of the key terms and sections that are typically included in a cohabitation agreement such as property ownership, support obligations, and termination of the agreement. The document is intended to provide general information and notes that independent legal advice is recommended for entering into a cohabitation agreement.
This document provides an overview of different business organizations in Ontario, Canada, including sole proprietorships, general partnerships, limited partnerships, and corporations. It discusses the advantages and disadvantages of each structure, how they are created and maintained, issues around liability, taxation, and other considerations. The author, Michael Carabash, is an Ontario lawyer who provides this information for educational purposes and notes that professional legal advice should be sought for establishing or changing a business structure.
This document discusses factors that could impact the validity and enforceability of a legal form or contract. It notes that for a contract to be valid, the terms must be clear and complete, and the process for entering into the contract must be fair. Specifically, it outlines requirements like consideration, terms not being contrary to public policy, and factors impacting consent like duress, undue influence, or misrepresentation. The document provides examples to illustrate these concepts and notes that speaking with a lawyer is recommended to avoid potential challenges to a contract.
This document provides an overview of non-compete and non-solicitation agreements in Ontario. It discusses what restrictive covenants are and defines non-compete and non-solicitation clauses. It notes that for these clauses to be valid and enforceable in Ontario, they must be clear, certain, and not too vague. The document also discusses factors that courts consider for determining whether exceptional circumstances exist to uphold a non-compete clause and when it may be advisable to only include a non-solicitation clause rather than both types of restrictive covenants.
The survey of 500 solo/small firm Toronto lawyers found that the vast majority (88%) rely on the billable hour to value their legal services. The average hourly rate was $338, with rates ranging from $78 to $750. While 64% offered some form of free initial consultation, the average initial consultation fee was also $338. Excluding contingency fees, only 5% offered alternatives to hourly billing such as fixed fees or day rates. Overall, the dominance of the billable hour may be challenged as lawyers begin to leverage technology to provide more affordable and convenient legal services.
This document provides a summary of wills in Ontario. It discusses what a will is, the legal requirements for a will to be valid, whether a lawyer is required, the benefits of having a will, what happens if someone dies without a will, how property will be divided in that case, how to prepare for making a will, the basic structure of a simple will, how a will can be amended or revoked, common will clauses, and other related topics. The document is intended to help answer common questions about wills and estate planning in Ontario.
The document provides an overview of residential lease agreements in Ontario. It discusses key topics such as the landlord and tenant's obligations under the Residential Tenancies Act, terms that must be included in a lease such as rent and security deposits, and how disputes are resolved by applying to the Landlord and Tenant Board. The document is intended to educate about residential leasing laws but notes that it does not constitute legal advice. Readers needing legal advice should consult a lawyer.
Interestingly, unlike general partnerships (which can come into existence without the partners being aware or even specifically trying to avoid that relationship), a limited partnership can only come into existence “when a declaration is filed with the Registrar”: s. 2(2). So what about the liability of a limited partner until that happens? Well, until the declaration is filed and accepted by the Registrar, the partnership can only be characterized as a general partnership, which imposes UNLIMITED liability on the prospective limited partner.
Also worth mentioning is that you need to have a partnership before you can have a limited partnership. This means that the basic test for forming a partnership must exist at all times – namely, that one or more parties carry on business in common with a view to profit (see s. 3 of the Ontario Partnerships Act).
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
The document discusses Ferdinand Magellan's historic voyage to circumnavigate the globe in the early 1500s. Magellan, a Portuguese explorer, sought to discover a western sea route to the Spice Islands but was denied funding by the King of Portugal. Instead, the King of Spain provided Magellan with a fleet of five ships and young crew members. Magellan led the voyage but the crew, which included mostly men in their teens and twenties, later mutinied. Magellan was around 40 years old, making him older than most of the crew and older than the average life expectancy at the time.
In this competitive field, Michelle Blanchard is a popular name when it comes to eminent lawyers. She has practiced law in various fields including real estate, business planning, taxation, trusts, and probate as well as contested successions.
What Is a Qualified Domestic Trust in ConnecticutBarry D Horowitz
There are many different estate planning tools that can be utilized to address various different respective sets of circumstances. One of these focused legal devices is the qualified domestic trust. Learn more about qualified domestic trust in Connecticut in this presentation.
This document provides an overview of wills and estate planning. It discusses what a will is, the importance of having one, how to make a valid will, and what happens if you die without a will. Some key points covered include:
- A will allows you to specify how you want your property distributed after your death. It is important to have a will to ensure your wishes are followed.
- You can make a will at any time after age 18 if you have mental capacity. Wills must be in writing and properly witnessed to be valid.
- Dying without a will means your estate will be distributed according to provincial intestacy laws, which may not reflect your desires. It can also delay
This document provides an overview of wills and estate planning. It discusses what a will is, the importance of having one, how to make a valid will, and what happens if you die without a will. Some key points covered include:
- A will allows you to specify how you want your property distributed after your death. It is not mandatory but has many benefits.
- You can make a will at any time if you are mentally capable. It should be reviewed after major life changes.
- Wills must be in writing and properly witnessed to be valid. People with complex estates are advised to consult a lawyer to draft their will.
- If you die without a will, intestacy laws will determine how
This document provides an overview of wills and estate planning. It explains that a will is a legal document that outlines how a person wants their property distributed after their death. Key points covered include:
- What a will is and the different types of wills.
- The importance of appointing an executor to carry out the instructions in the will.
- What constitutes a person's estate and why it's important to have a will.
- When a will should be created and updated, such as after major life events like marriage or divorce.
- What happens if a person dies without a will, in which case intestacy laws determine how the estate is distributed.
This document is an introduction to representing oneself in an uncontested divorce proceeding in Texas. It provides general information about marital property, child-related issues, the divorce process, and sample forms. It advises that divorce is a legal process that can have long-term consequences, so it is best to consult an attorney if possible, especially if there are issues like domestic violence, significant assets/debts, or disputes over child custody. The document directs readers to legal resources and warns that self-represented litigants must still follow all applicable laws and procedural rules.
Here are a few insightful quotes from Randy Pausch's The Last Lecture that could be painted on a bedroom wall:
"Really good work is always done with simplicity."
"We cannot change the cards we are dealt, just how we play the hand."
"I will always choose a lazy person to do a difficult job because a lazy person will find an easy way to do it."
"Brick walls are there for a reason. They let us prove how badly we want things."
"It's not about how to achieve your dreams. It's about how to lead your life."
This document provides an overview of basic estate planning documents and concepts. It discusses wills, trusts, powers of attorney, living wills, probate, guardianships, and their purposes. Key points covered include how a will passes property according to instructions but requires probate, while a living trust avoids probate; and how powers of attorney can designate someone to handle financial and medical matters if one becomes incapacitated. The document also summarizes estate tax implications. Overall it serves to explain common estate planning tools and why having an up-to-date plan is important.
The document discusses an experiment examining the effects of ethanol and caffeine on the central nervous system of flatworms. Flatworms have a simple bilateral nervous system with two nerve cords running the length of the body and two ganglia that serve as simple brains. The experiment tested how these depressant and stimulant drugs affected the flatworms' phototactic behavior when exposed to light, providing insight into how chemicals can impact the central nervous system in even simple organisms.
A power of attorney is a legal document that allows one person (the principal) to appoint another person (the agent or attorney-in-fact) to handle financial or legal matters on their behalf. There are different types of powers of attorney, including general powers of attorney that give broad authority and limited powers of attorney that restrict authority to certain acts. Durable powers of attorney remain valid if the principal becomes incapacitated, avoiding the need for a court-appointed guardianship. Estate planning attorneys can help create appropriate powers of attorney to meet clients' needs and ensure their wishes are followed.
The poem "Introduction to Poetry" by Billy Collins is about the difficulties of analyzing and interpreting poetry. It discusses how poetry defies a reductive, formulaic approach and instead requires open-minded engagement with its complexities and ambiguities. The poem warns students against trying to reduce poems to their basic themes and symbols, arguing this misses the richness and nuances poetry offers.
A complete Video Library dedicated to answering the toughest bankruptcy questions. “Bankruptcy Basics: Everything You Should now About Bankruptcy.” Bankruptcy can be confusing at times and getting straight answers can be even tougher. As a Board Certified Bankruptcy Attorney, David Lozano know’s this.
This document provides an overview of independent contractor agreements, including when they are used, key terms that should be included, and important considerations. It discusses how an independent contractor is defined separately from an employee. The document also outlines typical sections that would be found in an independent contractor agreement, such as the services to be provided, payment terms, confidentiality obligations, and termination provisions. It aims to educate businesses on drafting independent contractor agreements and important issues that should be addressed.
Why Would I Want a Revocable Living Trust in Connecticut?Barry D Horowitz
You don't lose control of the assets in the trust while you are living, but after you die, the resources are distributed among the beneficiaries outside of the probate process. Learn more about revocable living trust in Connecticut in this presentation.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
Cover Story - China's Investment Leader - Dr. Alyce SUmsthrill
In World Expo 2010 Shanghai – the most visited Expo in the World History
https://www.britannica.com/event/Expo-Shanghai-2010
China’s official organizer of the Expo, CCPIT (China Council for the Promotion of International Trade https://en.ccpit.org/) has chosen Dr. Alyce Su as the Cover Person with Cover Story, in the Expo’s official magazine distributed throughout the Expo, showcasing China’s New Generation of Leaders to the World.
How are Lilac French Bulldogs Beauty Charming the World and Capturing Hearts....Lacey Max
“After being the most listed dog breed in the United States for 31
years in a row, the Labrador Retriever has dropped to second place
in the American Kennel Club's annual survey of the country's most
popular canines. The French Bulldog is the new top dog in the
United States as of 2022. The stylish puppy has ascended the
rankings in rapid time despite having health concerns and limited
color choices.”
Interestingly, unlike general partnerships (which can come into existence without the partners being aware or even specifically trying to avoid that relationship), a limited partnership can only come into existence “when a declaration is filed with the Registrar”: s. 2(2). So what about the liability of a limited partner until that happens? Well, until the declaration is filed and accepted by the Registrar, the partnership can only be characterized as a general partnership, which imposes UNLIMITED liability on the prospective limited partner.
Also worth mentioning is that you need to have a partnership before you can have a limited partnership. This means that the basic test for forming a partnership must exist at all times – namely, that one or more parties carry on business in common with a view to profit (see s. 3 of the Ontario Partnerships Act).
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
The document discusses Ferdinand Magellan's historic voyage to circumnavigate the globe in the early 1500s. Magellan, a Portuguese explorer, sought to discover a western sea route to the Spice Islands but was denied funding by the King of Portugal. Instead, the King of Spain provided Magellan with a fleet of five ships and young crew members. Magellan led the voyage but the crew, which included mostly men in their teens and twenties, later mutinied. Magellan was around 40 years old, making him older than most of the crew and older than the average life expectancy at the time.
In this competitive field, Michelle Blanchard is a popular name when it comes to eminent lawyers. She has practiced law in various fields including real estate, business planning, taxation, trusts, and probate as well as contested successions.
What Is a Qualified Domestic Trust in ConnecticutBarry D Horowitz
There are many different estate planning tools that can be utilized to address various different respective sets of circumstances. One of these focused legal devices is the qualified domestic trust. Learn more about qualified domestic trust in Connecticut in this presentation.
This document provides an overview of wills and estate planning. It discusses what a will is, the importance of having one, how to make a valid will, and what happens if you die without a will. Some key points covered include:
- A will allows you to specify how you want your property distributed after your death. It is important to have a will to ensure your wishes are followed.
- You can make a will at any time after age 18 if you have mental capacity. Wills must be in writing and properly witnessed to be valid.
- Dying without a will means your estate will be distributed according to provincial intestacy laws, which may not reflect your desires. It can also delay
This document provides an overview of wills and estate planning. It discusses what a will is, the importance of having one, how to make a valid will, and what happens if you die without a will. Some key points covered include:
- A will allows you to specify how you want your property distributed after your death. It is not mandatory but has many benefits.
- You can make a will at any time if you are mentally capable. It should be reviewed after major life changes.
- Wills must be in writing and properly witnessed to be valid. People with complex estates are advised to consult a lawyer to draft their will.
- If you die without a will, intestacy laws will determine how
This document provides an overview of wills and estate planning. It explains that a will is a legal document that outlines how a person wants their property distributed after their death. Key points covered include:
- What a will is and the different types of wills.
- The importance of appointing an executor to carry out the instructions in the will.
- What constitutes a person's estate and why it's important to have a will.
- When a will should be created and updated, such as after major life events like marriage or divorce.
- What happens if a person dies without a will, in which case intestacy laws determine how the estate is distributed.
This document is an introduction to representing oneself in an uncontested divorce proceeding in Texas. It provides general information about marital property, child-related issues, the divorce process, and sample forms. It advises that divorce is a legal process that can have long-term consequences, so it is best to consult an attorney if possible, especially if there are issues like domestic violence, significant assets/debts, or disputes over child custody. The document directs readers to legal resources and warns that self-represented litigants must still follow all applicable laws and procedural rules.
Here are a few insightful quotes from Randy Pausch's The Last Lecture that could be painted on a bedroom wall:
"Really good work is always done with simplicity."
"We cannot change the cards we are dealt, just how we play the hand."
"I will always choose a lazy person to do a difficult job because a lazy person will find an easy way to do it."
"Brick walls are there for a reason. They let us prove how badly we want things."
"It's not about how to achieve your dreams. It's about how to lead your life."
This document provides an overview of basic estate planning documents and concepts. It discusses wills, trusts, powers of attorney, living wills, probate, guardianships, and their purposes. Key points covered include how a will passes property according to instructions but requires probate, while a living trust avoids probate; and how powers of attorney can designate someone to handle financial and medical matters if one becomes incapacitated. The document also summarizes estate tax implications. Overall it serves to explain common estate planning tools and why having an up-to-date plan is important.
The document discusses an experiment examining the effects of ethanol and caffeine on the central nervous system of flatworms. Flatworms have a simple bilateral nervous system with two nerve cords running the length of the body and two ganglia that serve as simple brains. The experiment tested how these depressant and stimulant drugs affected the flatworms' phototactic behavior when exposed to light, providing insight into how chemicals can impact the central nervous system in even simple organisms.
A power of attorney is a legal document that allows one person (the principal) to appoint another person (the agent or attorney-in-fact) to handle financial or legal matters on their behalf. There are different types of powers of attorney, including general powers of attorney that give broad authority and limited powers of attorney that restrict authority to certain acts. Durable powers of attorney remain valid if the principal becomes incapacitated, avoiding the need for a court-appointed guardianship. Estate planning attorneys can help create appropriate powers of attorney to meet clients' needs and ensure their wishes are followed.
The poem "Introduction to Poetry" by Billy Collins is about the difficulties of analyzing and interpreting poetry. It discusses how poetry defies a reductive, formulaic approach and instead requires open-minded engagement with its complexities and ambiguities. The poem warns students against trying to reduce poems to their basic themes and symbols, arguing this misses the richness and nuances poetry offers.
A complete Video Library dedicated to answering the toughest bankruptcy questions. “Bankruptcy Basics: Everything You Should now About Bankruptcy.” Bankruptcy can be confusing at times and getting straight answers can be even tougher. As a Board Certified Bankruptcy Attorney, David Lozano know’s this.
This document provides an overview of independent contractor agreements, including when they are used, key terms that should be included, and important considerations. It discusses how an independent contractor is defined separately from an employee. The document also outlines typical sections that would be found in an independent contractor agreement, such as the services to be provided, payment terms, confidentiality obligations, and termination provisions. It aims to educate businesses on drafting independent contractor agreements and important issues that should be addressed.
Why Would I Want a Revocable Living Trust in Connecticut?Barry D Horowitz
You don't lose control of the assets in the trust while you are living, but after you die, the resources are distributed among the beneficiaries outside of the probate process. Learn more about revocable living trust in Connecticut in this presentation.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
Cover Story - China's Investment Leader - Dr. Alyce SUmsthrill
In World Expo 2010 Shanghai – the most visited Expo in the World History
https://www.britannica.com/event/Expo-Shanghai-2010
China’s official organizer of the Expo, CCPIT (China Council for the Promotion of International Trade https://en.ccpit.org/) has chosen Dr. Alyce Su as the Cover Person with Cover Story, in the Expo’s official magazine distributed throughout the Expo, showcasing China’s New Generation of Leaders to the World.
How are Lilac French Bulldogs Beauty Charming the World and Capturing Hearts....Lacey Max
“After being the most listed dog breed in the United States for 31
years in a row, the Labrador Retriever has dropped to second place
in the American Kennel Club's annual survey of the country's most
popular canines. The French Bulldog is the new top dog in the
United States as of 2022. The stylish puppy has ascended the
rankings in rapid time despite having health concerns and limited
color choices.”
[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
This presentation is a curated compilation of PowerPoint diagrams and templates designed to illustrate 20 different digital transformation frameworks and models. These frameworks are based on recent industry trends and best practices, ensuring that the content remains relevant and up-to-date.
Key highlights include Microsoft's Digital Transformation Framework, which focuses on driving innovation and efficiency, and McKinsey's Ten Guiding Principles, which provide strategic insights for successful digital transformation. Additionally, Forrester's framework emphasizes enhancing customer experiences and modernizing IT infrastructure, while IDC's MaturityScape helps assess and develop organizational digital maturity. MIT's framework explores cutting-edge strategies for achieving digital success.
These materials are perfect for enhancing your business or classroom presentations, offering visual aids to supplement your insights. Please note that while comprehensive, these slides are intended as supplementary resources and may not be complete for standalone instructional purposes.
Frameworks/Models included:
Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
The BCG Strategy Palette
McKinsey’s Digital Transformation Framework
Digital Transformation Compass
Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
Customer Journey Map
Digital Marketing with a Focus on Sustainabilitysssourabhsharma
Digital Marketing best practices including influencer marketing, content creators, and omnichannel marketing for Sustainable Brands at the Sustainable Cosmetics Summit 2024 in New York
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In the competitive world of content creation, standing out and maximising revenue on platforms like OnlyFans can be challenging. This is where partnering with an OnlyFans agency can make a significant difference. Here are five key benefits for content creators considering this option:
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Part 2 Deep Dive: Navigating the 2024 Slowdownjeffkluth1
Introduction
The global retail industry has weathered numerous storms, with the financial crisis of 2008 serving as a poignant reminder of the sector's resilience and adaptability. However, as we navigate the complex landscape of 2024, retailers face a unique set of challenges that demand innovative strategies and a fundamental shift in mindset. This white paper contrasts the impact of the 2008 recession on the retail sector with the current headwinds retailers are grappling with, while offering a comprehensive roadmap for success in this new paradigm.
Best practices for project execution and deliveryCLIVE MINCHIN
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
The Radar reflects input from APCO’s teams located around the world. It distils a host of interconnected events and trends into insights to inform operational and strategic decisions. Issues covered in this edition include:
2. Wills in Ontario Page 2 of 27
Table of Contents
Introduction .................................................................................................................................................... 4
What is a Will? ............................................................................................................................................... 4
What are the legal requirements for a Will to be valid? ................................................................................. 5
Is a lawyer required to have a Will? ............................................................................................................... 6
Why should I have a Will? ............................................................................................................................. 7
What happens if I die without a Will? ............................................................................................................ 8
How will my property be divided if I don’t have a Will? .............................................................................. 9
How do I prepare to have my Will drafted? ................................................................................................. 10
What is the basic structure of a simple Will? ............................................................................................... 11
How can a Will be amended? ....................................................................................................................... 12
How can a Will be revoked?......................................................................................................................... 12
How can a Will be revived? ......................................................................................................................... 12
What if there is a Mistake in a Will? ............................................................................................................ 13
What if I am a Dependant? ........................................................................................................................... 13
What about International Wills? ................................................................................................................... 14
What is a Living Will?.................................................................................................................................. 14
Will Clauses .................................................................................................................................................. 15
Introductory Clause ...................................................................................................................................... 15
Revocations .................................................................................................................................................. 15
Designating an RRSP | RRIF | Pension Beneficiary .................................................................................... 16
Designating an Insurance Policy Beneficiary ............................................................................................... 16
My Estate Trustee ......................................................................................................................................... 19
Vesting Clause .............................................................................................................................................. 19
Dispositive Clauses....................................................................................................................................... 19
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com
3. Wills in Ontario Page 3 of 27
Estate Trustee’s Powers ................................................................................................................................ 23
Treatment of Minors ..................................................................................................................................... 24
Family Law Act ............................................................................................................................................ 25
Excluding Illegitimate Children from Inheriting .......................................................................................... 25
Custody and Guardianship of Property ........................................................................................................ 24
Signing .......................................................................................................................................................... 26
About Us ....................................................................................................................................................... 27
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com
4. Wills in Ontario Page 4 of 27
Introduction
You’ve heard it many times. You need a Will! But what is a Will and why do you need one? What legal
surprises (and headaches) await your loved ones if you don’t have one? Is a lawyer required to draft or
witness a Will? What is a ―Living Will? Is that a Will too? What about International Wills? What are
some of the standard clauses that you’ll find in a Will? These and other questions are common, but not
always answered. Sometimes, a lack or absence of communication can result in costly mistakes and even
litigation. This DL Guide will help shed some valuable insight into these and other questions that may come
to mind when you’re getting serious about dealing with Wills in Ontario. Remember: if you’re looking for an
Ontario lawyer to help, you can make a post on Dynamic Lawyers. We have Toronto, Ottawa, Hamilton,
Brampton and other Ontario lawyers registered.
What is a Will?
A Will (also referred to as a ―Last Will and Testament‖) is a legal document that basically provides
instructions as to how your remaining assets and liabilities are to be dealt with. It also provides for
instructions as to who will be the ―Estate Trustee‖ responsible for administering your final wishes and
identifying who your beneficiaries will be. Finally, a Will can allow you to appoint a ―Custodian‖ for your
minor children or dependants and ―Guardian‖ of their property.
According to section 1(1) of the Succession Law Reform Act, R.S.O. 1990, c. S.26, a Will also includes a
―Codicil‖, which is a document that cancels certain parts of your Will or adds new parts to it and which must
be read together with your Will as one document. A person who makes and signs a valid Will is referred to
as a ―Testator‖ (for a man) or ―Testatrix‖ (for a woman).
When you die in Ontario, your assets are pooled together into something called an ―Estate‖. An Estate
Trustee is appointed in the Will (and a substitute is usually appointed in case the primary estate trustee is
unwilling or unable to perform his or her duties) and must:
administer the Will by paying out liabilities (e.g. taxes owed, funeral expenses, creditors, etc.);
manage remaining assets (e.g. selling them, gifting them, investing them, etc.); and
distribute the residue of the estate (i.e. the remaining funds after everything else is taken care of) to
the beneficiaries designated under the Will.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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5. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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6. Wills in Ontario Page 8 of 27
What happens if I die without a Will?
In Ontario, if you die WITHOUT a Will, then someone will need to apply to the relevant court to be
appointed the Estate Trustee. This application is made in the court office for the area (e.g. county, district,
region, or metropolitan municipality) in which the deceased resided at the date of death. In Toronto, for
example, the appropriate court is the Estates Court office located at 393 University Avenue, 10th floor, 416-
326-4230 (otherwise, you make an application to the Ontario Superior Court of Justice).
Applications for Certificates of Appointment of Estate Trustee are processed by Ministry of the Attorney
General court staff. They perform the duties of an estate registrar in the Civil Office of the Superior Court of
Justice. These duties are prescribed by law. Staff must review each application to confirm that the application
and all accompanying documents are complete and comply with the Ontario Rules of Civil Procedure (the
rules of court) and other applicable legislation.
Section 74.05 of those Rules require that an Application for a Certificate of Appointment of Estate
Trustee without a Will (Form 74.14 or 74.15) be accompanied by:
1. An affidavit (Form 74.16) attesting that notice of the application (Form 74.17) has been served on all
persons entitled to share in the distribution of the estate (including special ways to serve minors under
18 years old and mentally incapable persons).
2. A renunciation (Form 74.18) from every person who is entitled in priority to be named as estate
trustee and who has not joined in the application.
3. A consent to the applicant’s appointment (Form 74.19) by persons who are entitled to share in the
distribution of the estate and who together have a majority interest in the value of the assets of the
estate at the date of death;
4. The security required by the Estates Act; and
5. Any other additional material which the court may direct (e.g. affidavit dispensing with bond, Draft
Order Dispensing with bond, Draft Certificate, affidavits concerning value of estate, etc.).
If court staff have concerns about the application or accompanying materials, the application must be referred
to a judge for direction. The judge may require further materials to be filed or steps taken by the personal
representative in relation to the application. The Ministry strives to process certificates of appointment of
estate trustee with or without a will within 15 days after the application and accompanying materials are
complete and judicial direction, if required, has been obtained. If a Certificate of Appointment of Estate
Trustee Without a Will is issued, it will be in Form 74.20. Be sure to consult a lawyer if you need one!
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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7. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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8. Wills in Ontario Page 12 of 27
How can a Will be amended?
If you want to amend your will, you can do so by creating a Codicil (i.e. a legal document). You can’t
simply cross off a part of the Will or insert a new section in handwriting on top of the Will. You must either
create a new Will or (if the change is relatively minor) create a Codicil. A Codicil is a written document that
refers to the Will and the parts that are being changed (removed, added, etc.). A Codicil must be signed,
dated, and witnessed by two parties in the same way as a Will is made: section 18 of the Succession Law
Reform Act.
Codicils that amend previous Codicils should also state that fact (i.e. that a particular Codicil is being
revoked). If there are many Codicils, it would probably make sense to re-write the entire Will (for
simplicity’s sake). You can purchase a Codicil on Dynamic Lawyers.
How can a Will be revoked?
A Will can only be revoked only by:
• Marriage, unless there is a declaration in the Will that it is made in contemplation of a marriage to a
particular person: sections 15(a) and 16(a) of the Succession Law Reform Act
• Making and properly executing another Will: section 15(b) of the Succession Law Reform Act.
• A written declaration with an intention to revoke which follows the rules of making a Will: s.15(c).
• The Will being destroyed (e.g. burned, torn, etc.) by the Testator / Testatrix or some person in his or
her presence and by his or her direction with the intention of revoking the Will: section 15(d). There
must be both a physical act and an intention to destroy (so a symbolic destruction will not suffice!).
How can a Will be revived?
A Will that is revoked can be revived only under section 19 of the Succession Law Reform Act:
• By a Will being made;
• By a Codicil being made which shows an intention to give effect to the Will or the part of the Will
that was revoked; or
• By the re-execution of a previously revoked Will with the required formalities.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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9. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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10. Wills in Ontario Page 15 of 27
Will Clauses
In what is to follow, I will discuss some of the clauses in a simple Will.
Introductory Clause
This clause identifies the Testator / Testatrix and his or her residence. It is a good idea to include residency:
because there may be one or more people with the same name as the Testator / Testatrix;
for tax purposes (so that whoever is doing the Testator / Testatrix’s taxes will know);
because it helps to identify which court will deal with probate and estate administration matters.
Not only should the full legal name of the Testator / Testatrix be used, but also aliases or common names.
This helps prevent future problems where the Will is in one name but another name has been used with the
banks (for example). If the Will is being made IN CONTEMPLATION OF MARRIAGE, then the
introductory clause SHOULD SAY SO if it is the Testator / Testatrix’s intention to have the Will survive
marriage. Recall that a Will is AUTOMATICALLY CANCELLED upon marriage unless the Will says that
it is made in contemplation of marriage, as follows:
THIS IS THE LAST WILL AND TESTAMENT of me, [insert name], of the [insert ―City‖ or
―Town‖] of [insert name of City or Town], in the Province of Ontario, made in
contemplation of my marriage to [insert name].
Finally worth mentioning is that, UNLESS the Will says otherwise, if the Testator / Testatrix is married,
makes a Will and then divorces, clauses which transfer property to the former spouse or name the former
spouse as the Estate Trustee are REVOKED: section 17(2) of the Succession Law Reform Act. The former
spouse is considered to have predeceased the Testator / Testatrix for the purpose of administering the Will.
Revocations
This clause specifically revokes any prior Wills or Codicils the Testator / Testatrix may have made. While
section 15(b) of the Succession Law Reform Act already says that making a new Will revokes previous Wills
and Codicils, it is important to get the message across to the Testator / Testatrix by adding this clause.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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11. The full DL Guide is available for FREE
with the purchase of a Legal Form.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
Need an Ontario Lawyer? Make a Post. Get FREE Quotes! www.DynamicLawyers.com