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logologo

647.812.8462

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
    • WILLS & ESTATES
    • IMMIGRATION
    • FAMILY LAW
    • BUSINESS
    • NOTARY SERVICES
  • LEGAL FEES
  • BLOG
  • CONTACT
logologo

647.812.8462

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
    • WILLS & ESTATES
    • IMMIGRATION
    • FAMILY LAW
    • BUSINESS
    • NOTARY SERVICES
  • LEGAL FEES
  • BLOG
  • CONTACT
by Monica Beffa
BLOG, Wills and EstatesMay 19, 20211 comment

DO I NEED A LAWYER TO DRAFT MY WILL?

Planning for your end of life is not something comfortable to do, and that’s why many people don’t get around to drafting their Will. Almost half of all Canadians don’t have a Will in place, which is a surprising statistic given the importance of having a will.

So why is important to have a Will? And if it’s that critical, do you really need a lawyer to help you, or can you just do it yourself?

The importance a lawyer helping you to draft your will and make sure it will be held as valid cannot be understated. While using online software or drafting your Will yourself might seem like a time and money saver, either process could lead to unintended consequences.

 

Why Is Having a Will Essential?

Having a Will ensures that your property, your money and your belongings in particular, go to the people you want them to go to, and in the way you want them to receive them.

Below are just a few of the consequences for not having a Will.

 

  1. Your assets might not go to the people that you intended.

 

  1. The legal costs for the people dealing with your estate will increase.
  2. Your assets can be tied up in litigations for years before they are distributed.
  3. It can be very costly for your loved ones to administrate your estate.

An online Will software which allows you to draft your Will yourself might seem attractive, because this type of software is inexpensive when compared with hiring a professionally trained lawyer. However, no self-drafted Will can measure up to a Will drafted by a lawyer with years of legal experience. Lawyers know that even small errors or omissions can become extremely costly in the future and may have to be settled by the court, and they know how to mitigate the risk of that happening. The money you save by using an online software will be insignificant compared with the thousands of dollars in legal fees that your relatives might incur in order to settle disputes and clarify your wishes in court.

Additionally, if part of your estate is not distributed in your Will, the governing statute in your province will decide who will receive the rest of your estate and who will manage it. A large share might go to your spouse, and then the rest will be split between your children or any other descendants. This statutory distribution often causes legal disputes, which are pricey, time-consuming, and can drive a wedge between family members. Statutory distribution may also go against your wishes.

Having a clear and well-drafted Will formulated by an Oakville lawyer can help avoid these complications.

 

How can a Lawyer Help?

An Oakville estate lawyer will ask the necessary questions about your intentions for your property and the people you want to inherit it. This will result in a Will that is clear and leads to the results you intend. When using online software or when otherwise writing your Will yourself, you may not get the same tailored approach. The years of experience that an attorney brings ensure that you are not leaving out important details regarding your properties, details that may potentially create distribution problems for your loved ones.

Not to mention that ensuring compliance with Ontario legislation and therefore the proper execution of your will requires a lawyer with local experience, like those at Beffa Law, drafting and advising you on your Will and estate planning.

Your lawyers will make sure that your intentions are clearly stated in your Will and they are carried out precisely and as expediently as possible. They will also help reduce the taxes your loved ones may face after your death, and reduce the roadblocks to your loved ones receiving their inheritance.

 

How Beffa Law can Help You

Planning for your family’s future is extremely important. Beffa Law estate lawyers will sit down with you and assess your situation. You will receive personalized legal advice regarding the best course of action for your individual needs. From Wills and Powers of Attorney to trusts and asset protection planning, our lawyers provide legal advice that helps you minimize tax burdens and efficiently organize your affairs.

With the modern reality of blended families, common-law relationships, business interests, investments, charitable giving, dependents with disabilities, and recreational properties, it is even more important to have a lawyer assist you in drafting your Will and clarifying your intentions.

We can help you with the following estate services:

  • Will drafting and execution
  • Powers of Attorney and Living Wills
  • Special Powers of Attorney
  • Estate planning
  • Personalized Legal Advice

Our team believes that investing time and effort into creating well-prepared estate planning and ongoing monitoring will give anyone peace of mind, regardless of age or marital status.

Get in touch! Beffa Law would be pleased to assist you in this important area of law. To schedule an appointment, please contact us at 647-812-8462 for a no-obligation consultation. You can also email us at info@beffalaw.ca.

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12 Days of Christmas - Official Rules

Beffa Law’s 12 Days of Christmas Giveaway – Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

Participation constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules. Beffa Law’s 12 Days of Christmas giveaway submission period commences at 7:00 a.m. EST on December 12, 2022, and ends at 11:59 p.m. EST on December 22, 2022, with the final winner announced on December 24, 2022. The contest is sponsored by Beffa Law.

  1. Eligibility: Beffa Law’s 12 Days of Christmas giveaway is open only to legal residents of Ontario who are 18 years of age or older. Entrants must also be Canadian citizens or Permanent Residents who reside in Ontario at the time of entry. Employees, contractors, directors, and officers of Beffa Law and its respective affiliated companies, distributors, licensees, and the advertising, fulfillment, judging, and promotion agencies involved in the development and administration of this promotion and their immediate family members and those living in the same households of each are not eligible to enter the contest.
  2. Promotion Period: The promotion begins at 7:00 a.m. (EST) on December 12, 2022, and ends at 11.59 p.m. EST on December 23, 2022. All submissions must be entered during the official time frame of the promotion to be eligible.
  3. How to Enter: (all entrants acknowledge their information will not be used or sold for other marketing or promotional purposes.)
    During the promotion period, go to the Beffa Law Facebook page and Beffa Law Instagram page and follow the instructions for each of the 12 days. Entrants must like the Beffa Law Facebook page and Instagram pages before December 12, 2022, to get specific daily instructions on how to enter the contest each day.
  4. Daily Entries: MUST LIMIT ONE (1) ONLINE ENTRY PER PERSON, PER DAY. For purposes of this promotion, a day is defined as a 24-hour period beginning at 12:00 a.m. EST and ending at 11:59 p.m. EST.
  5. Prize & Odds: Daily prize will not exceed $250 and will be picked up by the winner after the promotion period ends. No substitution or transfer of prize is permitted except at the Sponsor’s sole and absolute discretion. All taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winner. The odds of winning the prize depend on the total number of entries received.
  6. Claiming the Prize: IF CHOSEN AS THE WINNER, please privately message us to receive further instructions on how to claim your prize.
  7. Sponsor reserves the right to remove and invalidate from this promotion posts, comments, or statements of wishes that Sponsor determines in its sole discretion are inappropriate.

General Rules: Beffa Law 12 Days of Christmas Giveaway rules and guidelines:

  1. You must be 18 or older to participate.
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  3. Sponsor reserves the right to remove and invalidate from this promotion posts, comments, or statements of wishes that Sponsor determines in its sole discretion are inappropriate.
  4. All federal, provincial and municipal laws apply. Winners will be notified through Facebook and Instagram and have 24 hours to redeem their prize. The return of any prize/prize notification as undeliverable or failure to respond to notices or return any documents in a timely manner, as determined by the administrator, may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge, and hold harmless promotion parties from and against any and all liability or damages associated with this promotion or acceptance, use, or misuse of any prize received in this promotion. Promotion parties are not responsible for any typographical or other error in the printing of the offer or administration of the promotion. Acceptance of the prize constitutes permission for the Sponsor and their agencies to use the winner’s names and likenesses for purposes of advertising and publicity without further compensation unless prohibited by law. By participating in this promotion, participants agree to be bound by the Official Rules and decisions of Beffa Law, which shall be final in all matters relating to the promotion. Promotion parties are not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered, or postage-due mail; or for printing, distribution, or production errors or technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this promotion, or by any human, or other error, which may occur in this promotion. If in the administrator’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, Beffa Law reserves the right to void suspect entries and/or modify and/or suspend and/or terminate the promotion and/or conduct a random drawing to award the prizes in a manner deemed appropriate by the administrator. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the name appearing on the online entry. Sponsor reserves the right to disqualify any individual who tampers with the promotion or website or acts in a disruptive manner. This promotion is offered only in Canada and is governed by the laws of the province of Ontario, Canada. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the Province of Ontario for any action, suit, or proceeding arising out of or relating to this promotion.
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REFINANCE
  • Review mortgage instructions for refinancing.
  • Conduct and review title searches for any defects in the title.
  • Conduct and review writ searches and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Review mortgage instructions.
  • Draft all mortgage documents
  • Register mortgage documents.
  • Extensive correspondence with the lenders and banks.
  • Receive mortgage funds.
  • Review certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the refinance transaction and securely transfer the funds
  • Register mortgage on title
  • Open the refinance file and access to client portal
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment.

CLOSING COSTS &  NOT INCLUDED IN FEES;

  • Title Insurance (as per Invoice)
  • Registration Costs/ per Mortgage;
  • Software Charges;
  • Flat disbursements cost, title searches, writ searches, execution searches, bank charges, courier charges etc.

CALCULATE YOUR COSTS

OCCUPANCY
  • Acting for you in matters relating to your purchase of the property
  • Review the Agreement of Purchase and Sale
  • Conduct and review title searches for any defects in the title Submit requisitions on the title and review the responses
  • Search for arrears of taxes and obtaining a certificate
  • Confirm that utilities were in satisfactory standing and arranging for meters be read
  • Search for executions
  • Examine the draft deed
  • Review the statement of adjustments
  • Reviewing the documentation provided by the builder including warranties, declarations and vendor’s and purchaser’s undertakings, and verifying enrolment with Tarion Warranty Corporation
  • Draft documents and statements in accordance with Land Transfer Tax Act
  • Correspondence with the Condominium Corporation and obtain a Status Certificate and Certificate of Insurance and review the same
  • Meet with client to explain and sign all legal documents
  • One in person appointment or remote signing on zoom
  • Close the transaction and securely transfer funds
  • Register transfer

OTHER CLOSING COSTS

  • Software charges ;
  • Disbursements includes one title search

CALCULATE YOUR COSTS

TITLE TRANSFER
  • Complete the required documents and gather the supporting documents
  • Obtain appropriate legal advice for the tax and other implications of the title transfer
  • Review the forms for completeness and accuracy
  • Perform title searches
  • Obtain title insurance
  • Update the contents and fire insurance policy
  • Update ownership records in the utility bills
  • Advise current mortgage lender of the title changes
  • Get the title change documents registered and report them to the clients
  • Send information to the city’s tax department and condo property management of changes in ownership

CLOSING COSTS NOT INCLUDED IN FEES

  • Software charges
  • Flat disbursements cost – includes one title search
  • Registration Fee

CALCULATE YOUR COSTS

SALE
  • Review mortgage instructions for refinancing.
  • Conduct and review title searches for any defects in the title.
  • Conduct and review writ searches and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Review mortgage instructions.
  • Draft all mortgage documents
  • Register mortgage documents.
  • Extensive correspondence with the lenders and banks.
  • Receive mortgage funds.
  • Review certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the refinance transaction and securely transfer the funds
  • Register mortgage on title
  • Open the refinance file and access to client portal
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment.

OTHER CLOSING COSTS 

  • Title Insurance (as per Invoice)
  • Registration Costs/ per Mortgage
  • One Mortgage payout with a Tier 1 bank
  • Software & office disbursements
  • Flat disbursements cost includes one title search

CALCULATE YOUR COSTS

PURCHASE
  • Review the Agreement of Purchase and Sale.
  • Conduct and review title searches for any defects in the title.
  • Submit requisitions on the title and review the responses.
  • Conduct and review writ and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Examine draft transfer deeds and draft closing documents.
  • Review the statement of adjustments.
  • Draft documents and statements in accordance with Land Transfer Tax Act.
  • Draft documents to apply for first-time home buyer rebate for the client.
  • Correspondence with the lender and banks.
  • Review the certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the purchase transaction and securely transfer funds
  • Register transfer
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment

OTHER CLOSING COSTS

  • Land Transfer Tax
  • Title Insurance (as per invoice)
  • One Mortgage with a Canadian Tier 1 bank
  • Government Registration fees
  • Teranet and search fees;
  • Software fee and other office disbursements

CALCULATE YOUR COSTS

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