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.
Our law firm focuses on all aspects of creating and drafting your Will. Mathias Duensing is an experienced estate lawyer in Toronto that can assist you in all areas of your Will including wealth transfer after you have passed, identifying an executor, appointing beneficiaries to get your assets, and helping ensure that your Will is executed properly.
Over the last decade, the premise of the online Will has been increasingly more prominent. While online Wills can be accessible, they are not necessarily your best option.
For your wishes and assets to be finalized the way you intended, you need to enlist the help of a trusted Wills lawyer in Toronto that can appropriately guide you through all stages of drafting your Will. Professional legal assistance is an essential decision in ensuring that your assets will be distributed properly, while an online Will does not have the same success.
Ensure your property, assets, and valuables are carried out according to your wishes and trust our experienced legal team to assist you in creating your legal document.
Are online Wills legal in Ontario?
Yes, they are.
In some limited circumstances, online Will kits are appropriate. For example, if a person has modest assets in their name alone, and desires to leave them to their closest surviving relative, it may be appropriate and cost-effective to use an online service. But for individuals with even slightly more complicated circumstances, creating a Will online creates risk — risk in an area that will have lasting consequences.
Some Online kits offer the option to store information about your assets online, however, they are not recommended as they hold personal legal information that can be hacked by cyber-attacks.
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.
What are the benefits of using a lawyer in creating my Will over creating my own online Will?
Online Wills are not designed for complex legal situations that need to be prepared by a Will and succession lawyer. Here are some matters that our experienced law firm can assist you with over creating online Wills on your own:
- You have separated from your spouse;
- You are planning to get married;
- You require dual Wills to reduce probate tax;
- You have dependants that are minors or have special needs;
- You have, or had cognitive impairment;
- You have foreign property and assets outside of Canada;
- You are unsure on who to name an executor of your Will;
- You want to ensure that your Will is properly signed and executed.
Choosing to create your own online Will can seem like a wise choice in saving money and its convenience however, choosing the professional guidance of a Wills lawyer in Toronto can give you peace of mind while you’re alive and ensure that your wishes are granted after you have passed.
A Wills and Estate lawyer can ask you all the right questions
An online Will does not provide wise advice that can further benefit you, rather it’s a straightforward approach to creating your Will in a rapid manner. You cannot judge the quality of your online Will, while a Wills lawyer can highlight any important questions that you might not have addressed including:
- What did I forget to put in my Will?
- Did I distribute my assets and properties fairly to my loved ones?
- What assets do I own?
- What if I want to donate my earnings to charity?
- How much inheritance tax or capital gain tax will my heirs owe?
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.