Over 56% of Canadians do not have a current Will.
Your legacy should be remembered in a positive way, not in a manner that is filled with needless taxes, legal bills, and disputes. A legal and notarized Will that is crafted with our law firm can ensure that your assets and estate are distributed following your wishes. We can help you create your Will and assist you in its proper execution.
It is of the highest importance that you fully comprehend all aspects of the will and make the appropriate decisions when the time comes. An experienced will interpretation lawyer, like Matthias Duensing, can assist you in dealing with the necessary logistics to carry out the stipulation of the will.
Any ambiguity or uncertainty in the intentions of a will can lead to larger consequences if not addressed properly. Matthias Duensing can provide you with prudent legal advice and help you navigate through your responsibilities if you have been appointed executor, are currently a beneficiary or are in the process of creating your will.
What is the importance of a will interpretation?
A will’s contents may be unclear as a result of poor drafting or a circumstantial change following the execution of the will that was not addressed initially. A will interpretation conducted in Ontario will have to be filed under rule 14.03 of the Rules of the Civil Procedure. If there is any disagreement between any beneficiaries and executors about the stipulations of the will, the division of the estate may be compromised. It is of utmost importance to seek out an estate lawyer that can provide you with the right and objective information to ensure that all parties are satisfied and that the will is carried out according to the will-maker’s wishes.
Although the formalities of executing and following the contents of the will are strict, the principles applied in the will-maker’s intentions are more open for interpretation; therefore the will-maker’s words are essential.
What Happens if a Will is not properly signed?
We advise every Canadian resident to have a Will. Creating your Will is a responsible step in ensuring the protection and your plans after you have passed are performed accordingly. In Canada, and specifically Ontario, it is not legally required to prepare a Will, but it is highly recommended.
For a Will to be valid, certain steps must be taken after writing it. The Will must be signed by two witnesses and the testator. At least one witness must swear an affidavit of execution. A Will without an affidavit of execution is still valid, however, it is not probated until an affidavit of execution is filed. The affidavit of execution should be prepared and sworn right after the Will is signed as it might be difficult or impossible to locate the witnesses years or even decades later.
Speak to a Wills Lawyer in Toronto to Ensure Your Assets and Property are in Great Hands!
Protect your assets and ensure that your heirs and executors are given their share without lengthy legal debates. Contact us for a complimentary consultation as we can help you create a Will that mirrors your wishes. To schedule an appointment or contact us for a consultation, email us at email@example.com or call us directly at (416) 601-4769.