Meaning of Probate Probate means the process of “probating” a will. Probating a will means satisfying the court that the will is the last will and testament of the deceased. In Ontario, Canada, the application for probate is called an application for a certificate of appointment of estate trustee with a will. Probating a will entails submitting to the court
Continue ReadingProve a Will in Solemn Form Proving a will in solemn form means the propounder (the person putting forth the will as the valid, last, will and testament) must prove that: the will was properly signed; the deceased had testamentary capacity; and the deceased had knowledge and approval of the contents of the will. Usually, the person who propounds the
Continue ReadingProving a Will in Common Form Proving a will in common form is the same as “probating” the will. It means satisfying the court that the will submitted in the application for probate is the last will and testament of the deceased. In Ontario, Canada, the application for probate is called an application for a certificate of appointment of estate
Continue ReadingProve a Will “Proving” a will means showing the court that the will is the last will and testament of the deceased. That said, however, there are two ways or proving a will−in “common” form and in “solemn” form−and the process is very different for each. Proving a will in “common” form just means “probating” the will. This is the
Continue ReadingYou Can Be Taken to Court for Failing to Keep Detailed Accounts An attorney for property is the person named in a Power of Attorney document (POA), to manage another person’s property. The attorney is not usually a lawyer – the term attorney just means the person with legal authority. Attorneys for property are required by law to keep detailed
Continue ReadingThe coronavirus pandemic has cause many people to think about their final wishes, including who they want to pass their assets to when they die. People who have not previously made Wills or Powers of Attorney (POAs) have suddenly wanted to do so. Making a valid Will has always required complying with the law in one’s province. These laws can
Continue ReadingHow Much Does a Lawyer Cost? One of the first questions clients ask is “How much is this going to cost?” This is a fair question, as you rightly should consider the financial costs of hiring a lawyer, prior to doing so. If the lawyer charges by the hour, your matter will cost you the lawyer’s hourly rate, and their
Continue ReadingHow to Hire a Lawyer: 1. Shop around. You do not need to hire the first lawyer you meet. 2. Do your research. Search publicly-available information about the lawyer such as newspaper articles, online reviews, and news about cases they’ve won (or lost) or their reputation in the community. You may want to contact the Law Society to make sure
Continue ReadingYou Should Consult a Lawyer When… The following are good reasons to get a lawyer: Being Charged with a Crime Being Arrested or Being Detained for Questioning Buying or Selling Real Estate Signing an Important Document or Contract Seeking to Patent Your Invention Seeking to Visit, Study in, Work in, or Immigrate to Canada Preparing a Will or Power of
Continue ReadingWhat Is Elder Abuse? Elder abuse is any act or omission that causes harm or distress to an older person, in a relationship where there is an expectation of trust. Typically, elder abuse happens within a family and is perpetrated by the elderly person’s children. Sometimes the abuser is the elderly person’s attorney for property or personal care (POA). Elder
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