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How much are the legal fees?Our fees are based on the complexity as well as the time expended on a transaction. After reviewing the offer, you will be provided with an estimate showing a projected range of fees. If the transaction proves to be straightforward, our fees will be at, or close to, the lower figure quoted. We will not exceed the upper limit of our estimate, even when the transaction turns out to be complicated and, as such, requires a greater than usual expenditure of time.
Must my will be witnessed and recorded?The law does not require that a will be witnessed. In Ontario, you can make a holograph will. This is a will in your own handwriting, signed by you and without witnesses. This “do-it-yourself” approach often creates serious problems. Nonetheless, a lawyer usually provides for 2 witnesses to prove the signature of the testator, when the will is offered for probate. A will is not recorded in Ontario during the lifetime of the maker. It is recorded (i.e. probated) only after death. This permits the maker to change or rewrite the will, as circumstances require, and to keep its terms confidential until probate. If you have real estate in another province or country, such as a vacation house, the law of that jurisdiction prevails. Requirements on witnesses may vary elsewhere. In Ontario, a gift to a person who witnesses the will is void.
Does a will increase probate fees?No. Just the opposite is true. It is possible for a well-drawn will to actually reduce expenses.
When should I make a will?You should make a will NOW – before it is too late!
What is a living will?A "living will" is also known as an advance care directive. This is a document used to communicate what you would want to happen if you can no longer communicate your treatment and personal care wishes. We cover this aspect off in your Power of Attorney for Personal Care document.
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