Articles

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Articles by Charles B. Ticker

Do I need a Lawyer To Make a Will?

Canadian radio and T.V. are full of ads these days advocating "self help Will kits" which boast that one can make his or her own Will without the aid of a lawyer. The ads suggest individuals can save hundreds of dollars in legal fees. While individuals making their own Wills will save legal fees, it is not so clear whether their beneficiaries will be so lucky.

Why make a will?

The very thought of writing a will causes many people to cringe. Superstitions and procrastinations abound. Many people put off the writing of their wills until they need it and then it's too late. Actually, it is not the deceased that need a will- it is their families and loved ones.

What Happens If I Die without a Will?

In Ontario, if you die without a will , an intestacy results and your estate is distributed in accordance with the rules set out in the Succession Law Reform Act. These rules may not coincide with your wishes.

Do I need A Lawyer To Prepare My Will?

There is no legal requirement to have a lawyer prepare your will. Then again, there is no legal requirement to have a mechanic fix your car or plumber fix a leaky pipe. However, using the home remedy example, many of us know someone ( never ourselves of course) that tried to do it themselves only to call in an expert later to fix a bigger problem caused by their lack of experience, knowledge and skill.

Using Joint Tenancy as a Tool for Probate Planning - Too Good to be True?

There is no death tax per se in Canada, but there are probate fees (in Ontario called the Estate Administration Tax of approximately 1.5 % of the value of the estate) that arise on death if the will has to be probated, that is formally certified by the Court as the deceased's last will. The most popular self-help, estate planning tool for probate avoidance is putting beneficiaries on as joint tenants, on your house or bank account or investment account.