Will and Power of Attorney Services and Fees

Posted on February 19, 2024 by gg_admin

DO YOU NEED A WILL AND POWERS OF ATTORNEY?

Gilmore and Gilmore offers straightforward, and cost effective packages for Simple Wills and Powers of Attorney. Continue reading →

Posted in Blog | Comments Off on Will and Power of Attorney Services and Fees

Non-continuing Power of Attorney for Property

Posted on February 12, 2024 by gg_admin

G+G POA3

NON-CONTINUING POWER OF ATTORNEY FOR PROPERTY

If your Power of Attorney does not specifically indicate that it is a Continuing Power of Attorney for Property or say that it allows the people you name to continue to act for you in the event of mental incapacity, the Power of Attorney will be valid only so long as you are mentally capable.

CONTACT US

Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705-435-4339 / 1-877-85LEGAL (1-877-855-3425) or contact us via email.

Posted in Blog | Comments Off on Non-continuing Power of Attorney for Property

Last Will Dated Before 1978

Posted on February 5, 2024 by gg_admin

ESTATE PLANNING – DOES YOUR LAST WILL AND TESTAMENT PREDATE 1978?

Was your Last Will and Testament made before March 31 1978? Then read THIS!

If your Will:
a. Was made before March 31, 1978;
b. provides for some of your estate to ‘flow through’ to children or other descendants of named beneficiaries; and
c. does not specifically include children born out of wedlock (e.g. children of a common law couple)

Continue reading →

Posted in Blog | Comments Off on Last Will Dated Before 1978

“Unvesting” Estate Property

Posted on January 29, 2024 by gg_admin

G+G Estate Property3

“UNVESTING” REAL ESTATE  NOT TRANSFERRED WITHIN 3 YEARS OF DEATH

If property has vested because it has not been dealt with by the Executor / Estate Trustee within 3 years of the date of death there are options available to an Executor. Continue reading →

Posted in Featured | Comments Off on “Unvesting” Estate Property

Mediation in Estate Litigation

Posted on January 22, 2024 by gg_admin

WHY USE MEDIATION INSTEAD OF LITIGATION?

Estate litigation is becoming increasingly popular in Ontario. Estate litigation relates to many different aspects of an estate including:

  • Whether or not the deceased had the capacity to make a Will;
  • Whether someone forced the deceased to make changes to their Will which benefited some beneficiaries and not others;
  • Whether those who acted under Power of Attorney before the deceased passed away dealt with the assets properly and had accounted for them;
  • Whether an executor is properly administering an estate;
  • Just about any other aspect of an estate that you can imagine. Continue reading →
Posted in Blog | Comments Off on Mediation in Estate Litigation

Specific Gifts in a Will

Posted on January 15, 2024 by gg_admin

G+G Estate Gift1IT IS IMPORTANT TO ENSURE YOU HAVE A GIFT CLAUSE IN YOUR WILL

If your Will leaves specific items to someone, you should ensure a gift clause says what is to happen if that person should predecease you. If you do not, there are some complicated rules within the area of Estate Law, that determine which heirs of the person the gift was intended for will receive the gift. Continue reading →

Posted in Featured | Comments Off on Specific Gifts in a Will

How Can I Pay Probate Tax?

Posted on January 8, 2024 by gg_admin

G+G Probate Tax

HOW CAN I PAY PROBATE TAX?

When a probate application is filed with the Superior Court in Ontario, Estate Administration Tax (Probate Tax) has to be paid on the value of the estate. Often there are no funds available to pay the Probate Tax as the deceased person’s money is in bank accounts that have been frozen because of the death. Continue reading →

Posted in Featured | Comments Off on How Can I Pay Probate Tax?

What to do with the deceased’s cards?

Posted on January 1, 2024 by gg_admin

G+G Photo Card

ESTATE ADMINISTRATION – WHAT TO DO WITH ALL OF THE DECEASED’S CARDS?

There are different requirements and recommendations relating to the various cards when someone dies – credit cards, health card, Social Insurance Card, etc. – once those cards are no longer needed.

To reduce the risk of identity theft (it does still occur after a person has died), cards should be physically destroyed. The Executor / Estate Trustee should also ensure the cards are returned to the issuer, so identity theft does not result in liability to the estate. Some issuers have forms that need to be submitted with the pieces of the card, although most do not. Continue reading →

Posted in Featured | Comments Off on What to do with the deceased’s cards?

Power of Attorney With Only One Witness

Posted on December 25, 2023 by gg_admin

G+G POA4

POWER OF ATTORNEY FOR PROPERTY WITH ONLY ONE WITNESS

Prior to 1995 the law did not require 2 witnesses to a Power of Attorney for Property. The law was changed in 1995 to require 2 witnesses.

Provided a pre-1995 Power of Attorney for Property otherwise complies with the Rules which existed at the time, it is not invalid because it only has 1 witness.

CONTACT US

Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705-435-4339 / 1-877-85LEGAL (1-877-855-3425) or contact us via email.

Posted in Blog | Comments Off on Power of Attorney With Only One Witness

Holograph Will – Write your own Will

Posted on December 18, 2023 by gg_admin

WRITING YOUR OWN WILL IS REFERRED TO AS A HOLOGRAPH WILL

Contrary to popular belief, an Ontario Will may be valid even if there are no witnesses to the Will.

If a Will is made entirely in the handwriting of the testator (person making the Will) and signed by that person, no witnesses are required to sign the Will. Such a Will is called a Holograph Will. Continue reading →

Posted in Blog | Comments Off on Holograph Will – Write your own Will