What We OfferOur Services

https://www.estatelawottawa.com/wp-content/uploads/2024/05/hero_services.jpg

Estate Law Services Across OntarioComprehensive Estate Law Services Tailored to Protect Your Future

We provide a full range of legal services, from estate planning and probate to guardianship and dispute resolution, ensuring your family's legacy is secure.
ottawa lawyer
Find answers to common questions about estate planning, probate, guardianship, and more.

Frequently Asked Questions About Estate Law

What is the difference between a will and a power of attorney?

A will outlines how your assets will be distributed after you pass away, while a power of attorney grants someone authority to make decisions on your behalf during your lifetime if you become unable to do so, either for financial or personal care matters.

What is probate, and when is it required?

Probate is the legal process of validating a will and appointing an executor to manage the deceased’s estate. It is typically required when the estate involves significant assets, such as real estate or large sums of money, or when there is a dispute about the will’s validity.

What happens if someone dies without a will?

If someone dies without a will (intestate), Ontario law determines how their estate is distributed. This often results in a less personalized distribution of assets, which may not reflect the wishes of the deceased. It’s crucial to have a will to ensure your assets are distributed according to your preferences.

How do I apply for guardianship of a loved one’s property?

You can apply for guardianship through the Ontario Superior Court of Justice. If the Office of the Public Guardian and Trustee (OPGT) currently serves as guardian, you may apply to replace them if you are the person’s spouse, partner, or relative. We can assist you throughout the application process to ensure compliance with Ontario law.

Can a will be challenged?

Yes, a will can be challenged on several grounds, such as if it was improperly executed, the deceased was not of sound mind, or there was undue influence. We can help you navigate will disputes and ensure a fair resolution.

How long does the probate process take?

The length of the probate process varies depending on the complexity of the estate and whether disputes arise. Simple estates may be settled within a few months, while more complex estates or those with disputes may take over a year to resolve.

What is involved in estate administration?

Estate administration involves managing the deceased’s assets, paying debts, and distributing the remaining assets according to the will or Ontario law. Executors have legal responsibilities, and we provide guidance to ensure the process is handled correctly and efficiently.

How can I resolve estate disputes without going to court?

Estate administration involves managing the deceased’s assets, paying debts, and distributing the remaining assets according to the will or Ontario law. Executors have legal responsibilities, and we provide guidance to ensure the process is handled correctly and efficiently.

Can I change my will after it's been made?

Yes, you can update or change your will at any time, as long as you are of sound mind. It is often recommended to review and update your will after significant life events, such as marriage, divorce, or the birth of a child.

How do I get started with estate planning?

Getting started is simple. Contact us to schedule a consultation where we’ll discuss your needs, goals, and the best strategies for protecting your assets and securing your family’s future.