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logologo

647-812-8462

     

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
    • WILLS & ESTATES
    • IMMIGRATION
    • FAMILY LAW
    • BUSINESS
    • NOTARY SERVICES
  • PRICE LIST
  • SERVICE AREAS
    • OAKVILLE
    • BURLINGTON
    • MILTON
  • BLOG
  • CONTACT
logologo

     

647-812-8462

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
    • WILLS & ESTATES
    • IMMIGRATION
    • FAMILY LAW
    • BUSINESS
    • NOTARY SERVICES
  • PRICE LIST
  • SERVICE AREAS
    • OAKVILLE
    • BURLINGTON
    • MILTON
  • BLOG
  • CONTACT
by Monica Beffa
BLOG, Wills and EstatesMay 19, 20211 comment 0 Likes

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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Beffa Law Professional Corporation

Real Estate
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Service Areas:

Burlington
Milton
Oakville

Contact Us:

Phone: 647.812.8462
Fax: 647.697.2424
Email: info@beffalaw.ca

Visit Us:

231 Oak Park Blvd
Suite 301, 3rd Floor
Oakville, ON
L6H 7S8
Copyright © 2021 - BEFFA LAW
All the information presented on this site must be regarded as general information and  not legal advice. Every case is different, so please contact us to assess your particular situation. A solicitor-client relationship will be established only after we’ve determined that there is no conflict of interest.
Check all that applies
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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 & conveyancing charges $75+HST;
  • Flat disbursements cost $125+ HST  includes one title search
  • Registration Fee $78.79
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

CLOSING COSTS NOT INCLUDED IN FEES

  • Software & conveyancing charges $125+HST;
  • Flat disbursements cost $225+ HST  includes one title search
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) – CALCULATE
  • Registration Costs/ per Mortgage $78.79;
  • Software & Conveyancing Charges $270 + HST;
  • Flat disbursements cost $240 + HST title searches, writ searches, execution searches, bank charges, courier charges etc.
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.

CLOSING COSTS  NOT INCLUDED IN FEES

  • Title Insurance (as per Invoice) – CALCULATE
  • Registration Costs/ per Mortgage $78.79;
  • One Mortgage payout with a Tier 1 bank $200+HST
  • Software & Conveyancing Charges $225+HST;
  • Flat disbursements cost $275+HST includes one title search
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

CLOSING COSTS NOT INCLUDED IN FEES

  • Land Transfer Tax –  CALCULATE
  • Title Insurance (as per invoice) – CALCULATE
  • One Mortgage with a Canadian Tier 1 bank $300+HST
  • Registration per transfer and per mortgage $78.79 each;
  • Software & conveyancing charges $225+HST;
  • Flat disbursements cost $275+ HST  includes one title search