The Ontario Government has issued a special order giving lawyers permission to witness the signing of Wills by video conference during the pandemic. This means that clients can get their affairs in order without running afoul of the physical distancing guidelines meant to prevent the spread of the corona virus. Lawyers can take instructions from clients over the phone or by video conference, send the Will to the client and then witness their signature via a video conference.
It is important to have a Will for the following reasons:
(1) If you do not have a Will, you cannot select the executor who will administer your estate. The person to fill this role will be appointed by the court.
(2) If you do not have a Will, you cannot select the beneficiaries of your estate. Provincial intestacy legislation will dictate who inherits your property
(3) If you do not have a Will, your common law or same-sex partner may be left out of your estate because they are not considered a spouse under the intestacy legislation.
(4) If you do not have a Will and your children are under 18, their inheritance will be paid to the court, to be held until they attain age 18. The children will get their inheritance at age 18 whether or not they are mature enough at that point to manage money.
Making a basic Will is relatively easy. You simply need to: 1) select an executor; 2) select a back-up executor; 3) select your beneficiaries; 4) select back-up beneficiaries and 5) decide on an age for young beneficiaries to inherit. If you are unsure about any of these choices, remember that you can always update the Will.
Making a Will is a kind and responsible act. If you die without a Will, the administration of your estate will be more complicated and more expensive. That is why the government has created special rules to make it easier for people to complete their Wills during the pandemic. Take advantage of this new flexibility. Don't put it off any longer.
It is important to have a Will for the following reasons:
(1) If you do not have a Will, you cannot select the executor who will administer your estate. The person to fill this role will be appointed by the court.
(2) If you do not have a Will, you cannot select the beneficiaries of your estate. Provincial intestacy legislation will dictate who inherits your property
(3) If you do not have a Will, your common law or same-sex partner may be left out of your estate because they are not considered a spouse under the intestacy legislation.
(4) If you do not have a Will and your children are under 18, their inheritance will be paid to the court, to be held until they attain age 18. The children will get their inheritance at age 18 whether or not they are mature enough at that point to manage money.
Making a basic Will is relatively easy. You simply need to: 1) select an executor; 2) select a back-up executor; 3) select your beneficiaries; 4) select back-up beneficiaries and 5) decide on an age for young beneficiaries to inherit. If you are unsure about any of these choices, remember that you can always update the Will.
Making a Will is a kind and responsible act. If you die without a Will, the administration of your estate will be more complicated and more expensive. That is why the government has created special rules to make it easier for people to complete their Wills during the pandemic. Take advantage of this new flexibility. Don't put it off any longer.