Wills and Estates

Wills Lawyer Oakville ON

Ronald H.A. van der Steen can assist you with your estate needs and concerns and provides the following services:

• Drafting wills and Powers of Attorney for property and medical decisions (a.k.a. Living will);
• Estate planning, e.g. estate freezes, primary and secondary wills (also referred to as public and private wills), Henson Trusts;
• Probating of wills (i.e. obtaining a Certificate of Appointment of an Estate Trustee, etc.)
• Estate litigation

Wills and Power of Attorney (“POA”)

Simple Wills for a Married Couple: $600 + HST

• Includes 2 wills and 4 POA’s (2 for property and 2 for medical decisions (a.k.a. “Living Will”)
• Quote is subject to change after lawyer meets with the clients and receives all instructions)

Simple Will for a Single Person and POA: $300 + HST

• Includes 2 POA’s (1 for property and 1 for medical decisions, a.k.a. “Living Will”)

Quote is subject to change after lawyer meets with the clients and receives all instructions)

Most people know what a will is and what it is for but did you know that one of the most important aspects is to appoint someone with authority to deal with your property when you are gone.  Without a will there is law that will outline how your estate is to be distributed but nothing can be done until the court appoints someone with the authority to deal with your property.  This can be a time consuming as well as unnecessary process if you prepare a will.  You also need a will if you want to ensure people other than your next if kin receive some of your property after your death, again without a will there is law like the Succession Law Reform Act that will dictate how your property will be distributed to your next of kin in the event you die with preparing a will.

Powers of Attorney

There are two types of Powers of Attorney one grants authority to deal with your property (this includes real property like houses and personal property like cars and bank accounts) during your lifetime but you are unable to usually due to your age or health.  The other type of power of attorney grants some authority to make your medical decisions for you when you cannot again usually due to your age or health.  The Power of Attorney for medical decisions is also referred to as a “Living Will”.

Sometimes a person may grant someone as Power of Attorney for Property (“PAP”) and a different person as Power of Attorney for medical (“PAC”) decisions.  What happens if a person making the medical decisions needs the co-operation of the person with the power over the property (i.e. money)?  Who has the final say if they are not in agreement as to the payment of medical expenses being approved by the person to make medical decisions, in other words which one trumps the other?

In very simple terms if the both powers of attorney are in fact valid and in force then the PAP is obligated to adhere to the decision of the PAC unless:

• PAP can establish that spending the money requested by the PAC may have adverse consequences to the Grantor’s property that will significantly outweigh the benefits of the care the PAC is requesting;
• The expenditures requested by the PAC are not reasonably necessary for the Grantor’s support and care taking into consideration the value of the Grantor’s property, the accustomed standard of living and other legal obligations of the Grantor.