Last week, I wrote about the dangers of being common law without a will. This week, it’s about being married – specifically, what to do once you’re getting married to prepare yourself financially. Here are some tips: Think seriously about getting a cohabitation...
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Estate Planning
Common law? Get a will!
Sometimes I feel like a broken record, but it bears repeating: common law couples in Ontario do not have any inheritance rights. If you do not have a will, you are not legally married, and any assets are only in one name, then you will inherit nothing from your...
Don’t DIY
I hear all the time about people who want to save a bit of money on will preparation, so they do their will themselves, or get a kit, or do an online program. The problem is that, while they do save money on the drafting, they end up costing their estate far more in...
A little preparation goes a long way
If you ask most people, they would prefer that none of their hard-earned assets end up wasted on taxes or professional fees, or simply squandered, when they are passing them on to the next generation. Unfortunately, however, these things often happen, especially as...
DIY
I’ve talked about doing your will yourself many times before, and I always start by saying I’m biased in this regard, because I am. I draft wills for a living, so I obviously am going to recommend getting a lawyer to draft your will instead of doing it yourself. But...
Don’t set it and forget it
I have had multiple clients come to see me over the past several months because they need to update their wills. The wills were all at least 20 years old; they named family members as executors who had long since died or become incapacitated, they had complex trusts...
How (not) to sign a will
One of the easiest things to do wrong on a homemade will (one done through a kit) is in the signing. Signing your own name at the bottom is not the problem; getting witnesses is. I was recently asked if a will was valid based on the fact that one of the beneficiaries...
Keeping up to date
I generally recommend that my clients look at their estate planning documents every few years to make sure they are still appropriate, and update about every 10 as the law will change. What is also important is to keep in mind that there are other documents that need...
Foreign executors
I have many clients with children who live abroad. This makes things complicated when they want to have their child who lives in England or the United States act as the executor of their estate, because the courts in Ontario have broad powers to require what is called...
Common law is not married
I return to this topic frequently because it bears repeating: if you are common law, in Ontario, you have no inheritance rights. If your house is owned by your partner, you could get kicked out after they die. You will get none of their assets. You will have to sue...