12 First Avenue, Orangeville, ON L9W 1H8, Canada
(519) 821-7005

Last Will & Testament

Competence, caring and compassion. This is what you will find at Foote Law.

We are a family law firm committed to providing exceptional legal services and we are expanding. We can now help you create a Last Will & Testament as part of our suite of family law services. You will find a team ready to help guide you or a loved one through the process of formalizing final wishes. A team dedicated to doing so with competency, caring and a compassionate touch.

Are you one of almost half of the Canadians that does not have a Will?
The process of drafting a Last Will and the documentation that is required to do so, is minimal. The costs for the preparation of a Will are affordable. The presence of a Will can provide significant peace of mind to the loved ones of those who have passed on. With all of the key decisions made in advance, and the variety of situations that may arise after death, a Last Will directs and guides family or caregivers through the process.

Legal Notebook

What are the consequences of dying without a Will?

● Your death will be considered “intestate” . Meaning simply, you died without having a Will.
● The Ontario Government, and not you or your loved ones, will determine how your estate is distributed. The Succession Law Reform Act is the Ontario legislation that will direct the disposition of your assets.
● If you are married your spouse may benefit from the proceeds of your Estate but only if the marriage is legal and certified.
● If your living arrangement is a common law relationship, your Estate is at risk and your common law spouse is not necessarily your guaranteed successor.

Why should you have a Will?

Perhaps by now, you realize the importance of having a Will without us stating what seems obvious. However, it is prudent not only to highlight the consequences of not having a Will but also to remind you of why you should:

● If you have dependents, you should have a Will.
● If you own property of any kind, you should have a Will.
● If you have holdings and investments, large or small, you should have a Will.
● If you are married or cohabitating with a partner, you should have a Will.
● In summary, all persons over the age of 18 years, should have a Will. We can help!

What Foote Law can do:

Foote Law now provides complete Wills, Powers of Attorney and Estate Services for your family to ensure that all decisions regarding the equitable distribution of your assets, will be on your terms. In a relatively short amount of time our team will be able to:

● Provide you with legal protection, even after your death, by ensuring your Estate is distributed according to your wishes.
● Assist your family because a Will helps to ensure your loved ones are protected and cared for and helps ease the burden of any post-death decision making.
● Support you directly, or with the assistance of tax or financial planning experts, in protecting and designating your financial assets in the most effective and responsible manner. Accounting for the future care plans and even education of your loved ones, while also minimizing any tax burden on you now or post death.
● Help direct and document the instituting of a Legal Guardian for children under the age of 18 or persons with disabilities of any age, who cannot live alone and who are under your care and control.
● Ensure you are allowed the opportunity to specifically itemize possessions of value or meaning (emotional or financial) to those who you have determined will treasure and value them most.

Can I change my mind?

While a Will is a legally binding document, a Will also recognizes that circumstances do change throughout our lives. Regardless of your exact situation, a Will can be changed with an amendment to the document, termed a “Codicil.”

You may not have to change the entirety of the Will. A codicil may be enough for you to override any provisions of the original Will, whether designated wishes or financial plans, provided it is done so properly, and signed and witnessed accordingly.

Alternatively, you might choose to revoke an entire Will and create a new one. Part of the responsibility of Foote Law would be to ensure that your Will does reflect your final wishes, even when it is being changed, and that you are not under any duress or coercion when signing documents.