Wills & Estates Law 2018-08-21T20:57:01+00:00

WILLS & ESTATES LAW

If you are reading this, we understand that you have considered the realities of death or incapacity and you have decided to take measures to deal with these personal, emotional and complicated issues by proactively making decisions to effect your personal wishes.

This involves preparing your Will and planning for the passing of your Estate to ensure that your assets are transferred according to your wishes in an effective and dispute-free manner in anticipation of death.

Your decision includes a unique in-depth understanding of your overall objectives based on your circumstances such as the value of your assets, age, family structure, employment, financial situation and your relationship with family members that will affect your overall decision making process.  With this in mind, we will help you draft a will that is tailored to your needs and objectives.

Unfortunately, there are times when a Will was not prepared by the deceased.  In these cases where the deceased died Intestate, there are other legal procedures and remedies that must be followed to properly administer the Estate and we are also here to help.

The team of D’Alessio Romero Law Firm is committed to addressing your Wills and Estates needs from start to finish, including the following:

  • Drafting Wills
  • Drafting Powers of Attorney (Care)
  • Drafting Powers of Attorney (Management)
  • Administering Estates with a Will
  • Administering Estates without a Will
  • Estates Planning
  • Estate administration (probate application)
  • Estate litigation

With a Will, you can name a Guardian for your children should you pass away before they reach adulthood.  Also, your assets and liabilities will be distributed and dealt with according to your wishes through your chosen Estate Trustee(s).  You also have the option to update your Will as circumstances change during your lifetime.

With a Power of Attorney, you can depend on the person of your choice to make very important decisions to manage your property or make decisions regarding your personal care.  You must ensure that your personal intentions and wishes are properly documented to effect your wishes through your Power of Attorney.

Upon your death, the Estate Trustee is responsible for ensuring that your Estate is properly administered and distributed.  This may involve a lot of their time and/or the handling of complex issues.   We can assist the Estate Trustee(s) to carry out their responsibilities or, on the other side, assist the Beneficiaries on their rights in respect of Estates in which they are Beneficiaries.

It goes without saying that when you embark on your Estate Planning, you must also ensure that you are effectively maximizing your tax planning as well.  This is a very complicated area that includes the areas of intergenerational wealth transfer and business succession. We must work in conjunction with other experts in different areas including accountants and financial planners, to ensure an efficient and tax-effective plan is put in place.

We can also help when issues become more complex when Guardianship Applications are necessary where the “Capacity” of the person is an issue.  Or, when the validity of the Will is challenged.  There may be irregularities with the Will that have to be proven in Solemn form or issues may arise in relation to Estate Support Applications, Spousal claims and Elections, Constructive and Resulting Trust claims, Requests for Removal of Estate Trustees and Passing of Accounts (contested and uncontested).

It is critical that you contact us immediately for a no pressure, free initial consultation.

This article and this website is for information purposes only and does not constitute legal advice. This information provided should not be used as a substitute for obtaining legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter and not rely on the content of this article. Nothing on this site is intended to create a lawyer-client relationship and nothing posted constitutes legal advice. We cannot guarantee that the information is accurate, complete or up-to-date.