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Client Quotes" Ambridge Law showed great attention to detail when writing my Will and helping me to plan my estate. I am glad I chose them to safeguard the future of my relatives "
E. M. A., Toronto, ON
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 Wills and Estate / Inheritance
 Introduction
Ambridge Law can guide you through the process of dealing with your financial matters in the event of some incapacity (an enduring Power of Attorney), dealing with your living arrangements and other personal matters (a Living Will) or what happens upon your death (a Will). Furthermore, we can guide you as an Estate Trustee (also called Executor or Estate Administrator) through the complicated process of administering an Estate/Inheritance after the death of a friend or relative.
Ambridge Law will help you to negotiate and settle claims with respect to all estate/inheritance matters. Ambridge Law will represent you and pursue your interests in Estate Court if necessary. 
Planning Your Estate/Inheritance (Wills, Power of Attorney and other planning methods)
Planning for your family in the event of accident or death is very important. Ambridge Law can help you with planning and implementation of simple and complex wills, trusts, powers of attorney, and living wills, domestic agreements addressing estate issues, formation of family trusts, family partnerships and other vehicles to protect, preserve and increase family wealth for future generations.
Ambridge Law can assist you with succession planning for your business; for privately-held companies and partnerships including the implementation of buy/sell agreements and concordant insurance strategies.
A Testator is the person who makes his/her will.
Will is a written document, properly signed, which:
- specifies who is to administer the estate (the executor or estate trustee);
- specifies what is to happen with the assets and liabilities of the estate;
- specifies certain other wishes, such as guardianship of children and burial instructions; and
- takes effect only upon the individual‘s demise.
The purpose of a will is:
a) to provide for an orderly transfer of assets upon death in accordance with a testator's wishes; and
b) to avoid confusion and conflict in the distribution of a deceased's assets.
During your life time, you can revoke your will (or a part of same) at any time as long as you are mentally capable. Be careful with the preparation of your will because you cannot change your will after your death. The money from your estate can be spent paying for the legal battle if your will has not been legally prepared. Ambridge Law will guide you through the process of making your will in accordance with your unique circumstances and wishes, to reduce tax expenses, and avoid future litigation in court.
A Living Will is not accepted as a valid and enforceable document in Ontario. Please refer Power of Attorney for Personal Care below.
A Power of Attorney for Personal Care authorizes one or more persons to make decisions on your behalf with respect to your health care. Its purpose is to give the written authority to another individual(s) to authorize certain medical treatment. You can grant a general or limited power of attorney for personal care. A Power of Attorney for Personal Care is an officially binding document. You can revoke the Power of Attorney at any time as long as you are mentally capable.
The purpose of a Continuing Power of Attorney for Property is to appoint another person or persons to sign documents for personal property (bank account, investments, furniture, etc.) and real property (real estate), as well as make decisions related to your finances and property on your behalf when you are mentally incapable. You can grant a general or limited power of attorney as well as revoke the power of attorney at any time as long as you are mentally capable.
Administration of Estates/Inheritance
If you are an Estate Trustee(also called Executor or Estate Administrator) with a will or without a will, you are responsible for administering the estate/inheritance. You should distribute the property of the deceased in accordance with his/her last wishes or in accordance with provincial laws. Ambridge Law will help you to administer estates/inheritance and trusts.
There are many issues that can arise in the administration of an estate, including understanding your role, obligations, and potential liabilities as an Estate Trustee, obtaining and understanding the will, opening estate bank accounts, notifying appropriate governmental authorities, listing and dealing with the assets, claims and debts of the estate, notifying beneficiaries, advertising for creditors, informally or formally passing of accounts, preparing releases, paying appropriate compensation to the estate trustee and advisors, and obtaining tax clearance certificates.
As an Estate Trustee can be held personally liable for their conduct, it is important to obtain timely legal advice to ensure that the estate is administered according to the terms of the will and Ontario laws.
Ambridge Law will assist you from the beginning to apply to the estate Court with an Application for the Certificate of Appointment of Estate Trustee trough all required steps for administration of estates/inheritance to the final steps of the process of passing of accounts and distribution of estates/inheritance. Please Contact Us to discuss your legal issues. We look forward to working with you.
Negotiation, settlement, and Representation in the Estate Court in Litigation Process
Ambridge Law resolves most cases through negotiation or mediation and settlement without attending court. We have the legal experience and knowledge to handle situations that arise during the course of negotiation and mediation.
Nevertheless, estate litigation has become far more frequent in Ontario. Some of the most common situations that result in litigation include siblings not being treated equally in a will, the disposition of sentimental properties such as cottages, dramatic changes in a testator’s will, inadequate provision for dependents (spouses, ex-spouses, common-law or same sex spouses, children and other possible eligible dependants), testators not having testamentary capacity, poorly chosen executors, and situations involving a second spouse in conflict with children of a first marriage. At Ambridge Law, we have helped many executors and beneficiaries negotiate, mediate, and resolve complicated and highly charged estate matters.
Also, Ambridge Law deals with Power of Attorney contestation (dispute or challenge), with applications for guardianship of the property of a minor, and claims by officially married spouses (or separated spouses) for division of property in accordance with Family Law Act.
Some possible reasons for disputing of a will:
- Lack of testamentary capacity: if you were not capable of making will at the time you signed it, then your will is not valid. Your capacity, for instance, can be affected by drugs, depression, or illness. Your medical condition is only one of the factors that must be considered by a judge.
- Fraud: once fraud (e.g. forging signatures or changing pages in the will) is proven, your will can be set aside by a judge.
A possible list of the people who can make a claim for disputing of a will:
- all people named in your last will
- all people named in your prior wills
- all people who share in an intestacy
- all people who have a financial interest in the estate (e.g. spouses or dependants)
If you are an officially married spouse (even you are a separated spouse) and you are not satisfied with your deceased spouse’s will, Ambridge Law will help you to apply for division of property/estates/inheritance of your deceased spouse and will negotiate a settlement or represent your interests in the court. Remember that in such case you must apply to the court within 6 months after the death of your spouse.
If you are an eligible dependant of a deceased, you can make a Dependent Support Claim and apply to the court for an order for support where the deceased failed to make adequate provisions for the proper support. To learn more about your eligibility to make a Dependent Support Claim, contact Ambridge Law. We will assist you by preparing your claim, negotiating a settlement, or representing your interests in court if necessary.
At Ambridge Law, we can provide guidance, legal advice and assistance in preparing all types of estate documents, and in administering estate matters. Please Contact Us to discuss your legal issues. We look forward to working with you.
Click here to contact us regarding your legal matter. (416) 590-1777 |
