This page is provided by Mississauga Lawyer, Stephen R. Biss, Barrister & Solicitor for public information. I no longer practice as much wills and estates law as I used to. Please consult a Toronto wills and estates lawyer face-to-face. If you are a Toronto Wills lawyer and you believe you have a web site to which this page should link please write to me.

 

| Toronto Lawyers, Wills Law Lawyers, Estates Law, Probate Law |

Toronto wills law lawyers practice wills law and estates law in Toronto, Ontario, Canada. Toronto wills law lawyers are members of the Law Society of Upper Canada. 

The  Law Society Referral Service  is a very good way to find a Toronto lawyer who practices wills law in Toronto and the surrounding region. 

Each Toronto wills law lawyer may have an office in Toronto or an office outside of Toronto, perhaps in the Greater Toronto area. The Greater Toronto Area includes Mississauga wills law lawyers who draft wills and probate estates for Toronto Probate Courts, Oakville wills law lawyers who probate estates in  Toronto Probate Courts, Brampton wills law lawyers who draft wills and probate estates in Toronto Probate Courts, York Region wills law lawyers (including Newmarket wills law lawyers who draft wills and probate estates in Toronto Probate Courts, and Durham Region wills law lawyers (including Pickering wills law lawyers, Ajax wills law lawyers, and Oshawa wills law lawyers) who draft wills and probate estates in Toronto Probate Courts.  

Each Toronto wills and estates law lawyer is a barrister, solicitor, and notary public. Toronto wills law barristers and solicitors probate estates in Toronto Probate Courts. Toronto solicitors are Toronto lawyers who don't usually appear in Superior Court but spend most of their time in their Toronto offices or working elsewhere in Toronto Probate Courts with Toronto wills and estates law clients.  

Toronto wills law lawyers act as Toronto solicitors when they draft wills and powers of attorneys but act as Toronto barristers when they conduct estate litigation in Superior Court where estates are contested. In many ways Toronto estates lawyers act as Toronto solicitors rather than Toronto barristers when they file uncontested probate applications. Toronto wills law lawyers help their wills and estates clients throughout Ontario.

Toronto probate court serves Etobicoke, North York, and Scarborough. Toronto lawyers also file probate documents in Brampton court, Milton court, Orangeville court, Newmarket court, and Whitby court. 

A will states how your property is to be divided after you die. It does nothing while you are still alive. A will appoints someone, an executor (also known as a trustee) to wind up your estate, pay your bills, and distribute your property. A will may also appoint someone, maybe the same person, to have custody of your children when you die. If you do not have a will and you die, property will be divided among your closest relatives according to the law. Someone will have to apply to be administrator and you will have no control over whom this will be.

Since the late 1970's a properly drafted power of attorney will survive the mental incapacity of the donor. This tool becomes very useful when used between spouses who have a stable marriage. Should one spouse suffer a stroke or severe head injury, the other can handle the disabled spouse's property transactions. Spouses having wills prepared should consider the advisability of having powers of attorney as well. One's choice of agent should be limited to a spouse in a very stable marriage or another very reliable and honest relative or friend.

 

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Wills, Power of Attorney for Property, Power of Attorney for Personal Care

Wills and Estates Legislation Applicable to Toronto Lawyers

Toronto lawyers who practice wills and estates law (Toronto solicitors) use federal legislation enacted by the Parliament of Canada respecting tax and provincial legislation enacted by the Legislature of Ontario respecting wills, estates and property issues. If estate litigation includes an application for dependant support then Toronto estates law lawyers will turn to the Succession Law Reform Act Act of Ontario.  Here are some examples of wills law and estates statutes used by Toronto wills lawyers and Toronto estates law lawyers and Toronto estate litigation lawyers.

Wills-Estates Rules of Civil Procedure 14.05(1) Notice of Application
Wills-Estates Rules of Civil Procedure 14.06(4) Title of Proceeding
Wills-Estates Rules of Civil Procedure 14.1(2.1) Exceptions
Wills-Estates Rules of Civil Procedure 4.02(1.1) Bilingual Documents
Wills-Estates Substitute Decisions Act 10 Execution
Wills-Estates Substitute Decisions Act 14 Certain existing powers of attorney preserved
Wills-Estates Substitute Decisions Act 46 Power of attorney for personal care
Wills-Estates Substitute Decisions Act 47 Capacity to give power of attorney for personal care
Wills-Estates Substitute Decisions Act 48 Execution
Wills-Estates Substitute Decisions Act 53 Termination
Wills-Estates Substitute Decisions Act 7 Continuing power of attorney for property
Wills-Estates Substitute Decisions Act 7 Continuing power of attorney for property
Wills-Estates Substitute Decisions Act 8 Capacity to give continuing power of attorney
Wills-Estates Substitute Decisions Act 9 Validity despite incapacity
Wills-Estates Substitutes Decisions Act 12 Termination
Wills-Estates Succession Law Reform Act 17(2) Revocation of Will by Marriage
Wills-Estates Succession Law Reform Act 18 Alterations in will
Wills-Estates Succession Law Reform Act 22 Will to speak from death
Wills-Estates Succession Law Reform Act 3 Will to be in writing
Wills-Estates Succession Law Reform Act 4(1) Execution of a Will
Wills-Estates Succession Law Reform Act 44 Intestate Distribution Wife but No Children
Wills-Estates Succession Law Reform Act 46 Intestate Distribution to Spouse and Children
Wills-Estates Succession Law Reform Act 47 Intestate Distribution Among Issue
Wills-Estates Succession Law Reform Act 58 Not Providing for Children in Will or Intestate
Wills-Estates Succession Law Reform Act 8(1) Will Under Age 18
Wills-Estates Sucession Law Reform Act 15 How to Revoke a Will

 

Superior Court of Ontario Rules of Civil Procedure Respecting Probate (see Rule 74)

Superior Court of Ontario Forms Respecting Probate (see 74.1 and following) 

 

Superior Court and Other Courthouses in the Greater Toronto Area used by Toronto Lawyers

Dufferin , Orangeville  
Dufferin County Courthouse

Frontenac , Kingston  
Kingston Courthouse

Halton , Burlington  
Burlington Courthouse

Halton , Milton  
Milton County Courthouse

Hamilton-Wentworth , Hamilton  
John Sopinka Courthouse

Hastings , Belleville  
Belleville Courthouse

Middlesex , London  
London Court House

Muskoka , Bracebridge  
Bracebridge Courthouse

Niagara , St. Catharines  
St. Catharines Courthouse

Peel , Brampton  
A Grenville & William Davis Courthouse

Perth , Stratford  
Stratford Courthouse

Simcoe , Barrie  
Barrie Courthouse

Toronto , Toronto  
Old City Hall

Toronto , Toronto  
College Park Court

Toronto , Toronto  
Scarborough Courthouse

Toronto , Toronto  
Downsview/North York/1000 Finch

Toronto , Toronto  
Metro West Etobicoke Courthouse 2201 Finch

Toronto , Toronto  
Toronto Superior Court, Criminal, Summary Conviction Appeals, Jury trials

Toronto , Toronto  
311 Jarvis Toronto Youth Court and Family Court

Toronto , Toronto  
Toronto Superior Court - Civil - Filing Documents

Waterloo , Cambridge  
Cambridge Courthouse

Waterloo , Kitchener  
Kitchener-Waterloo

Wellington , Guelph  
Guelph Provincial Courthouse

York , Newmarket  
Newmarket Courthouse

Other Superior Court Addresses

Toronto lawyers

 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. Allbiss Lawdata Ltd. is not a law firm. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. Any lawyers listed at this site do not practice in association. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

 

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.