WILLS & ESTATES
Neil Law is committed to working with clients with a view to minimizing the expense and distress at the time of losing a loved one or when that person is incapacitated mentally or physically
We encourage our clients to plan for the future. With proper planning, you will have the comfort and assurance of knowing that your wishes will be carried out. We have expertise in all areas of estate planning, including drafting wills, powers of attorney and personal directives (living wills).
2. Enduring powers of attorney
3. Living wills/personal directives
4. Advising executors, agents, attorneys, guardians and trustees
5. Dependent adults matters
6. Estate and trust administration
8. Home and hospital visits
9. Probate applications
FREQUENTLY ASKED QUESTIONS
1. What information do I need to provide to Neil Law to have a will drafted?
At Neil Law, we will meet with you to review your family history and to obtain all the necessary information to ensure that your wishes are reflected in your will.
2. What is the difference between an Enduring Power of Attorney and a Personal Directive (Living Will)?
An Enduring Power of Attorney appoints an attorney to handle all matters of a financial matter. For example, sales of real estate and dealing with financial institutions on your behalf.
A Personal Directive appoints an agent for the purposes of making decision about your person when you are not able to do so. Those decisions would include where you are to live and working with medical practitioners to deal with medical treatment and life support issues.
3. If I sign an Enduring Power of Attorney, will my attorney be able to deal with my financial affairs immediately after I sign the Enduring Power of Attorney?
You have a choice to have the Enduring Power of Attorney become effectively immediately or you may direct that it has no effect until it has been determined medically that you are not competent to handle your own affairs.
4. I have been appointed an executor(trix) in a will. Must the estate be probated?
We will meet with you to review the provisions of the will and the assets of the deceased. Often times, probate and administration will not be required in cases where assets are held in joint names or there are designated beneficiaries on funds like insurance proceeds and RRSP’s. We will work with you to minimize the expense and paperwork necessary to complete administration of the estate.
5. What are my duties as an executor(trix)?
At Neil Law, we will explain to you the duties set forth in the Surrogate Court Rules and assist you in carrying out that duties.
6. What are the fees payable to the Clerk on a Probate application?
The fees are set forth in the Surrogate Rules and are based on the net value of the estate.