Wills & Estate Lawyers in Durham Region

Wills and Estates: Peace of Mind

A properly drafted Will and Estate Plan provides peace of mind and the knowledge that your loved ones Will be taken care of if anything happens to you. At Creighton Law LLP, we strive to give our clients that peace of mind.

We understand that the time after a loved one has passed is filled with sadness, disruption and sometimes overwhelming emotions. The last things those left behind need to deal with are the practical and sometimes confusing aspects of administering the Estate. We take the burden from them, and help the Estate Trustees carry out their duties in administering the Estate.

Most of all, we offer clear guidance and advice to help our clients avoid disputes on a wide range of potential challenges that may arise.

Planning for the future

Learn about your family situation and all the special needs you may have, such as minor children, disabled spouses or parents or issues of business succession
Answer your questions
Help you account for all of your assets and debts
Draft your Will
Help you plan for incapacity through Powers of Attorney for property and personal care
Help you minimize taxes and fees

Helping families through loss

Locating and evaluating all Estate assets, including Real Estate, bank accounts, insurance policies and investments
Assisting with administrative duties such as notifying utilities and credit card companies of the death
Locating all beneficiaries and identifying all creditors
Preparing and filing the application for Probate (Certificate of Appointment of Estate Trustee With a Will) to declare the Will valid
Preparing and registering a transfer of the family home and, if appropriate, the sale of the family home
Assisting in completion of life insurance claims and transfers and redemptions of shares and bonds
Completing and filing of the necessary forms including the Estate Information Return
Keeping accurate records in order to pass accounts
Filing final taxes and obtaining the Clearance Certificate from the Canada Revenue Agency

Frequently asked questions

Do i really need a will?

Having a Will is part of protecting your family from unnecessary uncertainty and disruption at the time of your death. Without a Will, you will not have a say in what will happen to your property or to vulnerable family members such as minor children and disabled adults. The distribution of your Estate would be only to your heirs at law.

Without a Will, your family will need to apply to Court to name an Estate Trustee. It will take far longer for your family to settle your affairs, probably be more costly, and your property will only be divided according to Ontario Estate Law, which may have some surprising aspects.

Do I need to make a Will if I am separated?

Yes. Separation or divorce does not revoke an existing Will. Your former partner will inherit from your existing Will made while married. If you do not have a Will at all, then your former spouse will be entitled to a share of your Estate.

Do I need to make a new Will if I get married?

Yes. Marriage revokes any existing Will, unless your Will specifically states it was made in contemplation of your marriage. Otherwise your marriage revokes your Will.

Can I write my own Will?

Legally, yes. However, even a hand-written holograph Will must meet certain requirements in order for it to be valid. A Will drafted by a Lawyer is far more likely to be clear and easy for your loved ones to understand, as well as covering every necessary detail to achieve the objectives in your Will. It is also far less likely to be challenged by your beneficiaries or other people. Our Estate Litigators have a great deal of experience trying to repair the damage done to the families by improperly drafted Wills. A Lawyer can also provide you with advice to assist you in reducing the amount of taxes your Estate may have to pay.

What if my beneficiaries don't like my Will?

Your beneficiaries may challenge your Will in Court. This can become very expensive and destructive for everyone involved, and cause irreparable emotional and financial harm to them while they are grieving your loss. It is always better to anticipate possible disputes and try to prevent them through comprehensive Estate planning that includes a professionally drafted Will.