Property purchasing, selling and even keeping is tricky business and there are often many procedures that one has to go through and gain various approvals to get there. One of the most common issues people have is wills – when a person dies, there is often confusion as to who gets the property amongst other things. There is also the issue with how to make the will. In some cases family members will challenge a will and dispute the claims being made by them. To deal with these issues and others, a lawyer is required to sort out this mess. Here are some of the duties that these lawyers perform:
The most common problem that people face in Estate matters is absence of a will. In Ontario, people who die intestate leaves behind door open for litigation among the heirs over the division of assets. Besides, a will can easily be challenged if certain precautions are not taken by a lawyer who prepared it. These involve testamentary capacity and real intentions of a testator about the disposition of his assets . A lawyer duty is to fully ensure the testamentary capacity of a testator and determine the real intentions of his clients about the knowledge and disposition of assets. The lawyer will also assist in writing the will and also modifying them if the person demands it which will revoke the previous will.
Continuing power of an attorney:
There comes a point in time when the owner of the property becomes incapable of acting on his own and someone else can legally act on that person’s behalf. This is doneby the continuing power of attorney for property. This allows the attorney named in the document named by the grantor to act on his or her behalf, if the grantor becomes incapable of acting on their own. The lawyer will assist in writing of the document and make sure everything is done accordingly. In the event that someone disputes the claim, the lawyer will assist in resolving the issue.
Non-continuing of attorney:
As mentioned before that when the owner of the property becomes incapable of acting on his own then someone else can legally act on that person’s behalf. The non-continuing power of attorney grants the same power but it ends when the grantor becomes legally/medically incapable. These often have certain conditions in which they come into effect; the lawyer will oversee the whole process and make sure it goes off smoothly. In some cases, the attorney named in the document will be the lawyer and he or she will assume control according to the conditions.
In most cases the power of attorney is limited to property decisions, but in some cases it can be related to personal care decisions as well. If the grantor becomes mentally incapable of making decisions related to their personal care, the individual named in the document will be able to make such decisions for them legally. The lawyer will assist in writing the document and ensuring it comes in effect.
Estate issues can be both financially significant and emotionally charged. Our firm provides advice and prepare the following estate’s documents:
- Continuing Power of Attorney for Property
- Non-Continuing Power of Attorney for Property
- Power of Attorney for Personal Care