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Finding information about an estate or a will in Ontario

Wills can be drafted by any lawyer and are often prepared (usually with errors) by non-lawyers, including the deceased.  A lawyer is not obliged to keep the original, which may have been given to the testator, and then it may have been lost.   The destruction or loss of an original Will is presumed to

The treatment of family members under Ontario Estates Law by contrast to most civil law systems

Ontario law grants extensive freedom in making a Will. There are some restrictions in order to protect a spouse, or a financial dependent, or for matters of public policy. Ontario courts regularly receive pleading letters seeking information about an expected minimum share of the estate of a family member who immigrated to Ontario from a civil

Part 1: Does every adult need a Will?

Studies show that many Canadian adults do not have a Will. We can speculate about why people avoid this task. Perhaps they lack motivation, don’t want to think about their death, or believe that dying ‘intestate’ – without a Will – doesn’t matter.As a lawyer with years of experience at the Office of the Public

The CPP Child Rearing Dropout and its Impact on Survivor Benefits

This article was first published on All About Estates (allaboutestates.ca/cpp-child-rearing-dropout-impact-survivor-benefits) Today’s blog was written by Monique J. Charlebois, a bilingual lawyer with more than 20 years of experience practicing Ontario estates law.  If you have clients who have lost a relatively young spouse/parent who was the primary caregiver to young children for many years, letting

Ontario Testators with Assets in France: Which Law Will Apply?

(Edited translation of article written by Margot Pitou, Master DRHPS (Univ. de Versailles, France), Research Assistant to Monique J. Charlebois. The original article is posted in the French language blog section of this website.) There are several complications affecting the disposition of property which is situated in France but owned by Ontario residents.  First, which

Why Millennials Need an Estate Plan

(Prepared with the assistance of Siyamson Pathmanathan, Summer Law Student) Things are tougher now for the under-35 crew.  I hear about it in the news.  I see it in my own family and in the families of my friends. Fewer young adults are married with children, as compared to previous generations. The economic reality is that

Alternatives for managing an incapable person’s finances in Ontario

Last year, an elderly gentleman called me with the following problem. His dear wife was now in a fairly advanced stage of dementia and was not capable of signing a valid power of attorney for property.   He was very surprised when their bank denied him access to her personal (non-joint) bank account to help pay

The Importance of having a Continuing Power of Attorney for Property

The Importance of having a Continuing Power of Attorney for Property Q – True or False : “Your spouse or parent can automatically take over their loved one’s finances if you become incapacitated.”  R – FALSE! If a person becomes mentally incapable of managing their property, it can be very difficult and expensive for a

Part 3: Five things I want you to know about Estates Law in Ontario

Please be patient; an update is in preparation.

Part 2: Can I handwrite a Will?

Please be patient; an update is in preparation.

AUCUN AVIS JURIDIQUE OU GARANTIE

L’information présentée dans ce site internet est fournie à titre informatif uniquement. Elle ne constitue pas un avis juridique et ne devrait pas être interprétée comme tel. Toute transmission d’information à l’étude ne saurait créer une relation avocat-client entre l’utilisateur et Me Monique Charlebois. Les renseignements confidentiels ne seraient pas privilégiés avant d’avoir tenu une discussion directe avec Me Charlebois quant à son acceptation de fournir des services juridiques.