Will’s & Estate

You are not legally needed to have a will, but having one has advantages. If you die without a will, your estate will be allocated in line with the Succession Law Reform Act of Ontario, and someone will need to apply to the court for authorization to manage your estate. The following are the conditions for a lawful will: You must be of sound mind and above the majority in Ontario to create the will (age of 18). The will must be written by you, the testator (you cannot write a will on behalf of someone else!). The will must be signed in the presence of two legitimate witnesses.

Mutual and Mirror Will

Whenever a married couple wants to make a will, they should understand the difference between the mutual and mirror will and then decide which one is suited to meet their needs. Most of the time, a married couple wants to make a mirror will, or a will be passing on the same benefits and similar terms to both spouses. If the married couple wants to make a will with the intention that the surviving spouse will not be able to change the will in the future, it is always recommended to execute a domestic contract witnessing the fact that both spouses want to make a contract for mutual will. Without a written agreement or contract, the court will treat the will as a mirror will.

Guardian of Property

A guardian of Property is a person or trust organization who makes financial choices on behalf of a mentally unable adult. A private property guardian is appointed by either:

• the Public Guardian and Trustee’s Office (OPGT) or
• the Superior Court of Justice of Ontario

A guardian manages all of the incompetent person’s Property, including real estate and bank accounts. A property guardian may:

• account opening and closing
• Redirect pensions and other sources of income
• seek any benefits or additional income to which the individual is eligible
• pay your bills
• purchase goods and services

A property guardian is not permitted to:

• make personal care decisions, including those about healthcare
• create a will on behalf of a mentally disabled individual
• Subject to certain limitations, sell Property that is the subject of a particular bequest in a will.

Guardian of person

The court designated a person’s guardian to make personal care decisions for a mentally unable adult. This frequently occurs when the person lacks power of attorney for personal care or when their attorney is unable or unable to perform their obligations. A person’s guardian can make personal care choices for:

• Health care
• Nutrition
• Shelter
• Clothing
• Hygiene
• Safety

An individual may be unable to make all or some personal care decisions. A guardian can only be appointed for decisions the individual has been determined incapable of making. For example, if the individual is competent in making decisions on all aspects of personal care except health care, the guardian will solely make health care decisions. A person’s guardian should:

• Explain their role to the unable person.
• As much as possible, support the unable person’s freedom and participation in personal care decisions.
• Consult with family and friends as needed.
• Select the least restricted and invasive course of action possible.