Protect Yourself By Drafting A Power of Attorney
Experienced Power of Attorney Lawyers in Mississauga
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Power of Attorney Lawyers in Mississauga
At Tailor Law, we appreciate the sensitivity and care required in dealing with your Power of Attorney matter. Our law firm works hard to approach your Power of Attorney matter with the responsiveness and expertise that is needed. When drafting a power of attorney you want to make sure that the right person is taking care of you and your property, you can do this by contacting Tailor Law to help you draft your Power of Attorney. Our Power of Attorney Lawyers in Mississauga is dedicated to setting up your will at a reasonable price and at a time convenient for you.
What is a Power of Attorney?
A Power of Attorney is a legal document, you and two witnesses must sign that that appoints someone you trust with the right to make decisions for you if you are no longer able to make such decisions on your own. A Power of Attorney becomes enforceable immediately upon signing unless you set restrictions to the document. There are two types of Power of Attorney, Power of Attorney for Personal Care and Power of Attorney for Property. A Power of Attorney for Personal Care allows the appointed attorney to make decisions about your health care and personal life if you become mentally incapable of making these decisions on your own. A Power of Attorney for Property allows the appointed attorney to make decisions about your financial affairs. This power of attorney becomes enforceable immediately. However, you can set limitations so that arrangements can only be made on your behalf at a particular time, whether for when you travel or for when you are not able to make the decisions on your own. Call Tailor Law today to schedule a time with one of our Power of Attorney Lawyers to help you draft your Power of Attorney today.
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Mississauga Wills and Estate Lawyers
Wills and Estate lawyers offer legal support in the way to help distribute your estate with or without a Will. In Wills and Estate matters, the lawyers at Tailor Law provide representation in Mississauga and Oakville. Tailoring a positive Will requires the consideration of the best interests of the entire family. This means that you must understand the laws and making sure that you Will outlines the distribution of the Estate correctly and to the laws. In seeking a new Will or distribution of an estate, you want top Wills and Estate lawyers on your side to ensure you’re getting a fair deal. Tailor Law firm provides full service and representation in Wills and Estate matters.
Frequently Asked Questions
An Estate makes up the assets, property, and debts of a deceased person. If a person passes and leaves behind a car, bank account, and several pieces of property, all of these items will belong to the Estate once that person passes away. This also includes debts, which means that all debts, liabilities, and any mortgages, must be paid off prior to the beneficiaries receiving anything that has been set aside. When drafting a Will you consider the Estate that you have and who you would like to leave the Estate to and how it will be divided.
An Estate is typically distributed based on the instructions of the Will. If the person who has passed without a Will, this is known as “intestate.” Ontario’s Succession Law Reform Act sets out how the Estate will be divided and distributed. In understanding Ontario’s Succession Law Reform Act, the legal team at Tailor Law will outline the distribution of the Will and will detail various scenarios in which different parties could be entitled to making claims of the Estate.
If you are not aware of how to distribute your Estate call Tailor Law today and we will discuss options for you and what might be the best fit for the solution you want.
THE CAPACITY OF THE TESTATOR
The ‘capacity’ of the testator refers to the mental capacity of a person to make executive decisions on how property and assets should be divided. If a person does not have the mental capacity to create a Will, this will invalidate the Will. Capacity is discussed in a simple way here, but it is more complex, as it involves the legal principle of causality. It is advisable to discuss the grounds on which you are contesting a Will, with a legal representative.
Undue influence refers to one or more parties persuading the testator and exerting undue influence to bring about a certain course of action in regards to the Will. Undue influence is tied to coercion, and the onus is on the person who is contesting the Will to provide evidence that the testator was coerced and pressured into making certain admissions in the Will.
EXECUTION OF THE WILL
The execution of the Will refers to how the Will was drafted. For instance, under the Succession Law Reform Act (1990), all Wills must be in written form. There is a possibility that the Will may be contested if this provision is not met. Regardless of the reason for contesting a Will, Tailor Law will help to resolve your dispute efficiently and pragmatically.