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February 2014 Archives

Things to consider

Now that you have decided you should have a Will prepared and you should speak to a lawyer about your Estate, here are some of the things you might want to consider, discuss or address with your lawyer:
I. Marital status. Have you been married previously? Do you currently have any matrimonial contracts or separation agreements that you are a party to?
II. Do you have children? Are they over the age of majority? Do you have dependants?
III. Your place of residence and the location of your assets;
IV. Are there people other than your immediate family that you want to consider in your will?
V. Who do you want to do the administration of your Estate? Who do you want to be the alternate?
VI. Assetsa. Do you own your property? Is it owned jointly or in your name alone?b. Do you have rental properties?c. Do you have RRSPs, Pensions or Life Insurance? Do they have beneficiaries assigned to them?d. Do you have stocks and bonds?e. Do you own a business or are you self employed?f. Do you have bank accounts? Are they held in your name alone or jointly?g. Do you own other assets?
VII. Do you have any liabilities that would have to be considered by your Estate?
VIII. Does anyone owe you money that you want to ensure your estate is able to collect?
IX. Do you want to gift specific items to specific people (specific bequests)?
X. Do you want to leave money to charities?
XI. Do you want to create a trust for your spouse or your children?
XII. Do you have specific funeral/burial wishes?
XIII. Who do you want to take care of your children should something happen to you and your spouse?

After the Agreement of Purchase and Sale

Lawyer's Review of the Agreement

We introduced the topic of Purchase and Sale Agreements in our last post. If you have already gone ahead and negotiated an Agreement of Purchase and Sale with the assistance of your real estate agent to purchase a property, it is important to show the Agreement to your lawyer as soon as possible. It is very important to review the Agreement with your lawyer prior to the Title Search Date (often paragraph 8 of the Agreement of Purchase and Sale).

Why Proper Wills Matter

When I am at parties or social gatherings I often start talking about the importance of Wills and Estate Planning (yes I am that person, although to be fair it usually comes up when other people ask me questions upon learning what I do for a living). Many people tell me when the subject comes up that they do not need a Will as they do not have any assets. Nothing can be farther from the truth on the other side of things when a person is deceased and they have not drafted a Will. It makes the administration of the Estate that much harder.
- Naila Parsons

Why Wills are Important

When I am at parties or social gatherings I often start talking about the importance of Wills and Estate Planning (yes I am that person, although to be fair it usually comes up when other people ask me questions upon learning what I do for a living). Many people tell me when the subject comes up that they do not need a Will as they do not have any assets. Nothing can be farther from the truth on the other side of things when a person is deceased and they have not drafted a Will. It makes the administration of the Estate that much harder.

Agreements of Purchase and Sale

Although it is February and the snow is falling, the wind is blowing and the temperature is often below zero, we understand that you are still out there looking at houses and dreaming about buying something new.

The Glossary

In my last post, I promised a glossary to get us through the terror that is this acronym-riddled area. We'll we're almost there - I've made the page and am putting together "the list." I'll let you all know when it's up and functioning.
In the meantime, thanks for reading - it really tickles us pink.

Long Term Stays in Acute Care Hospitals

The Memos

Over the weekend I posted some memos from the Ministry of Health and Long-Term Care's Assistant Deputy Ministers. I want to lend some context to them and in doing so I think that I will help clear some of the mud that is the Ministry and the policies, legislation, regulations and programs that make up this jungle. But before I do that, this area of the law is full of names, agencies, and other assorted mouthfuls. So we're going to need to fix that.
I'm going to post a glossary of terms, so that from here on out, we're all on the same page. In the meantime, I'm going to try and call the Ministry of Health and Long-Term Care "the Ministry." It's often just written as its acronym - MOHLTC, but I'm going to buck the trend and call it Ministry. Assistant deputy ministers are ADMs. Substitute decision makers are SDMs. Let's not confuse those two, since they're very much unassociated.