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Real estate questions answered from  Stephan Wilks

Questions about estates and wills in 2017

April 21 2017 , Written by Stephan Wilks

Is it true that the government also supply a "Will Kit" or similar forms that I will use to create my Last Will and Testament?

No. It is tough to make one form that would adequately cover the many diverse scenarios that supply every one of the data that people must plan correctly and people may want to have to reflect inside their Wills. We urge that you simply employ an attorney to direct you towards making your Will.

Is a Power of Attorney or "living will" the same matter as a "Last Will and Testament"?

No. Your Last Will and Testament covers the distribution of your property once you die and simply takes effect upon your departure. A Power of Attorney as well as a "living will" only use when you are alive and cease to work upon your departure.

What's a "living will"?

The expression "living will" is sometimes used to check with a document where you write down that which you would like to occur in the event you then become sick and can't convey your wishes about treatment. It is rather common, as an example, for folks to write a "living will" saying which they tend not to desire to be kept alive on artificial life supports if they don't have any hope of healing. The term "advance directive" is also often used to refer to this type of record. Many people utilize the phrase "proxy directive" to describe a record that unites a Power of Attorney as well as a "living will".

Could I name greater than one individual as my lawyer?

Yes. In case you are doing this all lawyers must agree on every decision that's made for you, until you write in your power of attorney that they can act "jointly and severally". If the other is unavailable for whatever reason if you contain this phrase, any one of your attorneys will probably have the capacity to make decisions on their own. But think carefully before naming multiple lawyers ?V it might make things more complicated if challenging decisions need to be produced quickly.

Is a "living will" the same thing as a "Power of Attorney"?

No. A Power of Attorney is a legal document in which you name a particular individual to act on your own behalf. A "living will" merely addresses your treatment and personal care wishes and does not have to identify anyone or be written in any particular way.

Will the OPGT agree to be named in a Power of Attorney?

The mandate of the OPGT would be to act as guardian for emotionally incapable adults that have no one available, willing and appropriate to act on their behalf.

I wish to name a particular family member but I'm worried this will definitely cause conflict. Is there anything I may do to prevent this?

Telling your family in advance and describing the reasons for your choice may frequently avoids struggle. As the rest of the family doesn't know what your attorney is doing with your money sometimes battle is created. To avoid this, some folks require that all decisions and trades be approved by both of them and name more than one family member. This can reduce doubt whenever they differ about conclusions, but it can also create conflict. Other people just elect to pin down that all the family has to be kept informed about choices and provided with full info. A different way to prevent family conflict is to name someone else, for example a trust company, a close friend or lawyer.

Is a Power of Attorney or "living will" successful outside of Ontario?

It depends upon the law of this area in which you would like to use the Power of Attorney. If you're planning to move, or be from the province for some time, you may want to check using a local lawyer to find out if you should make new records.

Vaughan Real estate lawyers

Will the OPGT help me fill out my Powers of Attorney or provide me with legal advice

No. The OPGT cannot assist you in completing the forms or provide private legal services to individuals. Any questions about your individual situation needs to be directed to an attorney.

What powers will my lawyer have?

Unless you limit your solicitor's powers, she or he is going to manage to do virtually anything that you simply can do concerning your finances. Files can be signed by your lawyer, begin or defend a lawsuit, sell property, make investments and buy stuff for you personally. Your solicitor cannot, however, create a Will or offer a CPOA that is new on your behalf.

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