Category Archives: Blog

Mediation in Estate Litigation

WHY USE MEDIATION INSTEAD OF LITIGATION? Estate litigation is becoming increasingly popular in Ontario. Estate litigation relates to many different aspects of an estate including: Whether or not the deceased had the capacity to make a Will; Whether someone forced … Continue reading

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Power of Attorney With Only One Witness

POWER OF ATTORNEY FOR PROPERTY WITH ONLY ONE WITNESS Prior to 1995 the law did not require 2 witnesses to a Power of Attorney for Property. The law was changed in 1995 to require 2 witnesses. Provided a pre-1995 Power … Continue reading

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Holograph Will – Write your own Will

WRITING YOUR OWN WILL IS REFERRED TO AS A HOLOGRAPH WILL Contrary to popular belief, an Ontario Will may be valid even if there are no witnesses to the Will. If a Will is made entirely in the handwriting of … Continue reading

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Mortgage Prepayment Penalty

MORTGAGE PREPAYMENT PENALTIES If you have a closed mortgage and you sell your property (or refinance it) you will be charged a prepayment penalty. The amount of the penalty will be determined by the terms of your mortgage. In Ontario … Continue reading

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Using a Power of Attorney to Close a Real Estate Transaction

IT IS BECOMING MORE DIFFICULT TO USE A POA TO CLOSE A REAL ESTATE DEAL People who are buying or selling a house may consider having a Power of Attorney so someone else can sign for them if they are … Continue reading

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Estate Investments

ESTATE ADMINISTRATION – ESTATE INVESTMENTS An Estate Trustee (Executor) is required to be careful with estate investments. If the Last Will and Testament of the deceased person gives specific authority to make certain types of investments, an executor can make those … Continue reading

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Misuse of Powers of Attorney

THE MISUSE OF POWERS OF ATTORNEY A Power of Attorney for Property gives one or more individuals the authority to deal with your assets and liabilities. If there are no limitations in the Power of Attorney (and usually there are … Continue reading

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Managing Real Estate Assets …

MANAGING REAL ESTATE ASSETS If the Deceased owns a house or other real estate, there are some basic steps you will want to take immediately to ensure the security of the real estate asset(s). Consulting a a lawyer about these … Continue reading

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New Mortgage Stress Test – Buyer Issues with Mortgage Financing

BUYER ISSUES WITH MORTGAGE FINANCING With Canadians taking on ever bigger mortgages, the Federal Government introduced new “Stress Test” mortgage rules in 2018.  In addition to financially qualifying for your mortgage now, you must also qualify for the amount of … Continue reading

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Beneficiary Rights …

WHAT ARE A BENEFICIARY’S RIGHTS? If you are the beneficiary of an estate, what information should you expect from the executor / estate trustee and what happens from your perspective as a beneficiary? First of all, in Ontario there is … Continue reading

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