Making a Will & Powers of Attorney
You spend your lifetime accumulating your wealth and doing everything you can to ensure the security of your family. Having a valid Will and Powers of Attorney in place provides you with the peace of knowing that your affairs are in order, no matter what happens. Savia Legal works alongside our clients to draft clear, concise documents that reflect their priorities and best interests.
How Our Process Works:
If you choose to retain Savia Legal to draft your Will and Powers of Attorney, you can expect the following process:
How Our Process Works:
If you choose to retain Savia Legal to draft your Will and Powers of Attorney, you can expect the following process:
- We will provide you with an intake questionnaire and ask you to review and complete it before our first meeting;
- We will arrange to meet with you virtually or in person;
- During the first meeting, we will review the questionnaire with you, determine the nature of billing (flat rate or hourly billing), review our retainer agreement with you, and work with you to determine your drafting instructions;
- We will draft documents based on the information gathered in the first meeting and provide you with the drafts for your review;
- You will provide feedback on the drafts, and we will edit the documents until we both arrive at final documents that accurately reflect your needs;
- We will meet with you once again to sign the documents.
- After the final meeting we will send you your original documents, and a reporting letter.
Estate Administration Services
Being appointed as an Estate Trustee (also commonly referred to as an “Executor/Executrix”) comes with many responsibilities, which can often be overwhelming and confusing. This is particularly true if you are dealing with the loss of a loved one. Savia Legal is proud to offer compassionate, efficient, and experienced legal assistance to Estate Trustees.
How the Process Works
If you choose to retain Savia Legal to assist you with estate administration, you can expect the following process:
How the Process Works
If you choose to retain Savia Legal to assist you with estate administration, you can expect the following process:
- Together, we will determine the nature and scope of your needs. Savia Legal assists clients with everything from obtaining a Certificate of Appointment of Estate Trustee (formerly known as “probate”), realizing estate assets, completing estate accounting, to performing interim and final distributions of the estate;
- We will draft a retainer agreement that outlines the scope of services you require from us that we will both sign. Some clients want us to handle all legal aspects of the estate administration; some clients only want assistance during specific steps in the process. We can be as hands-on or as hands-off as you require;
- At every milestone of the estate administration process we will report to you, advising of what has been done and what remains to be done;
- At the end of our involvement in the process, we will provide you with a final report.
Frequently Asked Questions
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If I pass away without a will, does everything I own go to the government?
No, if you die without a will, also referred to as dying intestate, your property does not automatically “go to the government.” In Ontario, the estate of someone who passes away without a valid will in place is governed by the Succession Law Reform Act. Depending on which members of your family survive you, whether a spouse, children, parents, or siblings, the SLRA dictates how your property will be divided among your family. With that said, people often prefer their estate to be distributed in a drastically different way than the SLRA requires it to be distributed, and someone will have to apply to the court to be appointed as the Estate Trustee of your estate in order to manage your affairs. This can be a long and expensive process and can cause significant conflict among your loved ones. These are all important reasons why you should have a will in place that reflects your personal wishes.
No, if you die without a will, also referred to as dying intestate, your property does not automatically “go to the government.” In Ontario, the estate of someone who passes away without a valid will in place is governed by the Succession Law Reform Act. Depending on which members of your family survive you, whether a spouse, children, parents, or siblings, the SLRA dictates how your property will be divided among your family. With that said, people often prefer their estate to be distributed in a drastically different way than the SLRA requires it to be distributed, and someone will have to apply to the court to be appointed as the Estate Trustee of your estate in order to manage your affairs. This can be a long and expensive process and can cause significant conflict among your loved ones. These are all important reasons why you should have a will in place that reflects your personal wishes.
Can I draft my own will?
Yes. You can draft your own will by writing it out entirely by hand and signing and dating it, which is called a holographic will, or you can obtain a “will kit” online and follow the instructions provided. If the will is signed, dated, and witnessed properly, it can be legally valid. Estate lawyers add value to this process by bringing specialized training and experience to your individual situation. They will discuss with you each of your assets and your particular wishes, and they can ensure that your document reflects your wishes while also drawing to your attention special clauses that may be needed to protect your interests and ensure that what you want to happen after you pass away actually does happen. When drafting your own will or using a template, it is easy to overlook individual alterations that you may require in your particular situation or to use incorrect terminology that may have a drastically different effect on your will than what you intend.
Why does having a will drafted by a lawyer cost so much?
Cost is relative. Most people have their will drafted and do not revisit it again for a decade or more, but you spend your lifetime amassing your wealth and doing everything you can to protect your family. If an investment of a few hundred dollars helps to ensure that your largest assets are protected and your loved ones are secure, and if it additionally prevents, potentially, tens of thousands of dollars in litigation and legal fees, the cost of drafting is a small and wise investment.
Yes. You can draft your own will by writing it out entirely by hand and signing and dating it, which is called a holographic will, or you can obtain a “will kit” online and follow the instructions provided. If the will is signed, dated, and witnessed properly, it can be legally valid. Estate lawyers add value to this process by bringing specialized training and experience to your individual situation. They will discuss with you each of your assets and your particular wishes, and they can ensure that your document reflects your wishes while also drawing to your attention special clauses that may be needed to protect your interests and ensure that what you want to happen after you pass away actually does happen. When drafting your own will or using a template, it is easy to overlook individual alterations that you may require in your particular situation or to use incorrect terminology that may have a drastically different effect on your will than what you intend.
Why does having a will drafted by a lawyer cost so much?
Cost is relative. Most people have their will drafted and do not revisit it again for a decade or more, but you spend your lifetime amassing your wealth and doing everything you can to protect your family. If an investment of a few hundred dollars helps to ensure that your largest assets are protected and your loved ones are secure, and if it additionally prevents, potentially, tens of thousands of dollars in litigation and legal fees, the cost of drafting is a small and wise investment.
I have a will and just want a few changes. Can you just do the small changes?
It depends. If the lawyer you are seeing is the same lawyer who originally drafted your will, it is possible that a brief review of any changes that have occurred since your current will was drafted and an amendment to your will can be achieved with minimal time and cost. Your lawyer likely has a digital copy of your will saved, and they can make the changes with little hassle. However, if you are seeing a different lawyer for the changes than the lawyer who originally drafted the will, or if a significant period of time has passed since the will was drafted, it is often the wisest and most cost-effective approach to do the full intake process again and have a new will drafted. This process will allow you and your lawyer to have a fulsome discussion about your assets as they currently are, address any changes you might not have thought were relevant, and to also take into consideration changes in the law that have occurred since your will was last drafted. Most estate lawyers update their precedents annually, to reflect changes in the law and recommendations made by the Law Society of Ontario.
It depends. If the lawyer you are seeing is the same lawyer who originally drafted your will, it is possible that a brief review of any changes that have occurred since your current will was drafted and an amendment to your will can be achieved with minimal time and cost. Your lawyer likely has a digital copy of your will saved, and they can make the changes with little hassle. However, if you are seeing a different lawyer for the changes than the lawyer who originally drafted the will, or if a significant period of time has passed since the will was drafted, it is often the wisest and most cost-effective approach to do the full intake process again and have a new will drafted. This process will allow you and your lawyer to have a fulsome discussion about your assets as they currently are, address any changes you might not have thought were relevant, and to also take into consideration changes in the law that have occurred since your will was last drafted. Most estate lawyers update their precedents annually, to reflect changes in the law and recommendations made by the Law Society of Ontario.
Do I have to retain a lawyer if I am acting as an Estate Trustee?
No, you do not have to hire a lawyer in order to apply to the court to be appointed as an Estate Trustee or to administer an estate; however, it may be wise to do so. There are fantastic online resources that Estate Trustees can depend on when administering an estate, such as this guide provided by the Ontario government, but it is not uncommon for situations to arise where the way forward is not clear to someone without experience acting as an Estate Trustee. A lawyer can help to ensure that all estate assets are identified and accounted for, that distributions to beneficiaries are done properly and in a timely fashion, and that the Estate Trustee is protected from personal liability. The estate administration process can be full of pitfalls, and many innocent mistakes can be made. It is helpful to remember that a lawyer trained in the area of Estate Law is well-versed inn estate administration and can assist throughout the entire process or only as needed.
No, you do not have to hire a lawyer in order to apply to the court to be appointed as an Estate Trustee or to administer an estate; however, it may be wise to do so. There are fantastic online resources that Estate Trustees can depend on when administering an estate, such as this guide provided by the Ontario government, but it is not uncommon for situations to arise where the way forward is not clear to someone without experience acting as an Estate Trustee. A lawyer can help to ensure that all estate assets are identified and accounted for, that distributions to beneficiaries are done properly and in a timely fashion, and that the Estate Trustee is protected from personal liability. The estate administration process can be full of pitfalls, and many innocent mistakes can be made. It is helpful to remember that a lawyer trained in the area of Estate Law is well-versed inn estate administration and can assist throughout the entire process or only as needed.
I was named as an Estate Trustee in a will. I don’t want to act – do I have to?
No. You never have to act as an Estate Trustee; however, if you do not wish to act, it is imperative that you do not take any steps that can be construed as you taking on the role of Estate Trustee. If you discover that you have been appointed as an Estate Trustee and do not wish to act, your first step should be to contact an Estate lawyer to ensure that you can properly execute a documents called a Revocation and ensure that it is provided to the appropriate parties. Some people do not wish to act but will take some steps to try to be helpful (filing the deceased’s final tax return, notifying certain administrative bodies of the deceased’s passing, etc.). If certain steps are taken to assist in the administration of the estate, those action may automatically be construed as you accepting the role of Estate Trustee, and you may require the court’s permission to be removed from a role you did not want. It is best to pause and seek legal advice before doing anything with respect to the estate if you are uncertain that you wish to act as Estate Trustee.
No. You never have to act as an Estate Trustee; however, if you do not wish to act, it is imperative that you do not take any steps that can be construed as you taking on the role of Estate Trustee. If you discover that you have been appointed as an Estate Trustee and do not wish to act, your first step should be to contact an Estate lawyer to ensure that you can properly execute a documents called a Revocation and ensure that it is provided to the appropriate parties. Some people do not wish to act but will take some steps to try to be helpful (filing the deceased’s final tax return, notifying certain administrative bodies of the deceased’s passing, etc.). If certain steps are taken to assist in the administration of the estate, those action may automatically be construed as you accepting the role of Estate Trustee, and you may require the court’s permission to be removed from a role you did not want. It is best to pause and seek legal advice before doing anything with respect to the estate if you are uncertain that you wish to act as Estate Trustee.
Savia Legal PC can assist you with various Trust & Estates matters including:
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