An overlooked aspect of our life is preparing for our own passing. At ASD Law we can help you prepare for this untimely occurrence by planning the distribution of your estate to ensure that your loved ones are looked after. It is also very important to prepare for a situation where you become incapacitated and unable to make important decisions for yourself.
At ASD Law we can help you create your Last Will and Testament, Power of Attorney for Personal Care and Property. We can also assist you with filing of probate applications in the event that youR loved one passes away with or without a will.
A Will is a legal document that deals with the disposition of your assets upon your death, as well as custody of minor children. A Will ensures that your wishes are formalized in writing and will only come into effect when you die.
For a Will to be valid, certain criteria must be met.
- A Will must be in writing and dated.
- The Will must be witnessed by two individuals who are present at the same time. The witnesses must also sign the last page of the Will.
- The testator (person making the Will) must be at least 18 years old, but you can be younger if they are legally married, a member of the Canadian forces, or a sailor.
- The testator must have mental capacity. They must understand what they are doing.
We are Wills and Estates Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
A Power of Attorney for Personal Care is a written document that allows you appoint an individual to make decisions on your behalf in relation to your personal care. This document comes in to effect when you are incapable of making decisions for yourself.
Personal care can include your health care, medical treatment, diet, housing, clothing, hygiene, and safety. Usually, the person appointed is your spouse, family member or close friend.
We can help you draft your Power of Attorney for Personal Care in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
A Power of Attorney for Property is a written document that allows you to appoint someone to make decisions regarding your property and finances when you are unable make those decisions for yourself. This individual can make decisions in relation to your banking matters, investments, business, and real property.
We can help you draft your Power of Attorney for Property in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
The estate trustee named in a Will may have to apply for probate, or what is known as a Certificate of Appointment of Estate Trustee. This means you have to show the court that you have the authority and right to deal with the estate. Not all wills have to be probated. If the estate is small and does not include any real property, the will itself may be enough.
If your loved one has passed away without a will, you may need to apply for a Certificate of Appointment of Estate Trustee Without a Will. There are rules as to the order of the individuals entitled to apply. The applicant is usually a spouse, common-law partner, child or parent.
We can help you file your Certificate of Appointment of Estate Trustee With or Without a Will in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.