De Rubeis, Chetcuti LLP

Estate Planning

Wills + Estates

 
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De Rubeis, Chetcuti LLP provides a host of services to assist in estate planning


Wills

A will is a legal declaration of a person's wishes regarding the disposal of his or her property or estate after death. Most often it is a written instrument legally executed by which a person appoints a trusted person to handle all estate assets.

Powers of Attorney

A Power of Attorney is a legal instrument authorizing one to act as the attorney or agent of the grantor, usually in the event of the incapacity of the grantor. The power of attorney must be executed before the person signing it loses capacity.

A personal care power of attorney deals with decisions which the person signing cannot make due to incapacity which relate to the care and treatment of the person’s health, medical decisions and courses of action, entry to a care or nursing home.

A continuing power of attorney for property allows the attorney to do on the grantor’s behalf, anything in respect of property that the grantor could do if capable, except make a new will.

Survivorship Applications for the transfer of jointly held real estate

To transfer real estate to the surviving joint tenant (usually the spouse), a survivorship application is required. We can prepare the application, as well as the accompanying affidavit to be signed by the survivor; a death certificate is also required.

Applications for Certificates of Appointment of Estate Trustees (probate)

After a loved one dies, if the estate is to be administered, the executors and trustees named in the will must apply to the Ontario Superior Court for a granting of a “certificate of appointment of estate trustee with a will.” This is a judge’s seal of approval that the parties have been validly appointed as estate trustees, and can instruct financial institutions, government agencies and any other relevant parties with respect to the deceased’s estate.

We can provide you with a quote on a typical estate planning package of one will, one power of attorney for personal care, and one power of attorney for property. When a person owns a business or many real estate properties, or when there is a beneficiary who may require a special trust, or wishes to plan on a complex distribution of their estate, the will can get quite complex and we would have to charge additional fees.

In some cases, we can recommend a “primary” or “secondary” will in order to save court costs and allow for a more efficient handling of the estate.

On estate matters, our fee will depend on the size and complexity of the estate and the degree to which the trustees wish us to be involved in administering the estate.

We would be pleased to discuss all of the above matters and estimated costs in a free consultation.