Gilmore and Gilmore Professional Corporation

NON-CONTINUING POWER OF ATTORNEY FOR PROPERTY

If your Power of Attorney does not specifically indicate that it is a Continuing Power of Attorney for Property or say that it allows the people you name to continue to act for you in the event of mental incapacity, the Power of Attorney will be valid only so long as you are mentally capable.

CONTACT US

Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705-435-4339 / 1-877-85LEGAL (1-877-855-3425) or contact us via email.

ESTATE PLANNING – DOES YOUR LAST WILL AND TESTAMENT PREDATE 1978?

Was your Last Will and Testament made before March 31 1978? Then read THIS!

If your Will:
a. Was made before March 31, 1978;
b. provides for some of your estate to ‘flow through’ to children or other descendants of named beneficiaries; and
c. does not specifically include children born out of wedlock (e.g. children of a common law couple)

Continue reading →

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 the deceased to make changes to their Will which benefited some beneficiaries and not others;
• Whether those who acted under Power of Attorney before the deceased passed away dealt with the assets properly and had accounted for them;
• Whether an executor is properly administering an estate;
• Just about any other aspect of an estate that you can imagine. Continue reading →

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 of Attorney for Property otherwise complies with the Rules which existed at the time, it is not invalid because it only has 1 witness.

CONTACT US

Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705-435-4339 / 1-877-85LEGAL (1-877-855-3425) or contact us via email.

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 the testator (person making the Will) and signed by that person, no witnesses are required to sign the Will. Such a Will is called a Holograph Will. Continue reading →