Wills & Power of Attorney2023-08-29T00:04:32+00:00
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Wills & Power of Attorney

Effective legal representation you can trust to put the proper plan in place for your estate

Sign your Will conveniently with our remote Electronic Video Signature Solution Platform that meets all the requirements of the governing legislation of Ontario.

Welcome to Veritasa Law

Wills & POAs Law

At Veritasa Law our Wills and Estate team has over 90 years of combined experience creating custom Wills and Estate plans. We work diligently to help you and your family put a plan in place to protect your loved ones from the stress and financial burden of managing these matters once you have passed.

Let us help you start creating your Will in just a few easy steps. Take the time to fill out our simple questionnaire, and once submitted, someone from our office will be in touch to ask a few other questions.

Once we’ve created a draft, your Will shall be available to review from the comfort of your own home. Once you are satisfied with the contents of the Will, signing from home is quick and simple with our Electronic Video Signature Solution.

Why Choose Veritasa Law for Your Will and POAs Legal Service?

Wills, Power of Attorneys and Health Care Directives

Our services cover all key elements related to your Will such as:

  • Preparing and signing your Will
  • Reviewing and updating your existing Will
  • Assigning a Power of Attorney for Personal Care and/or for Property
  • Appointing a guardian of property and healthcare proxy
  • Making an election under the Family Law Act
  • Applying for death benefits
  • Proving heirship in case a family member dies intestate (without a valid Will)

Securely Sign Your Will in the Comfort of Your Home

Your legal documents can be witnessed and signed from anywhere with an internet connection, or if you prefer, come visit us at our office conveniently found in the west end of Kingston.  If you choose to sign at home, our leading-edge Electronic Video Signature Platform captures the identity, intent, and consent in a seamlessly verifiable way that cannot be questioned.

The patented Electronic Video Signature Solution Platform we use protects your signature with single-use encryption, making it impossible to be re-used or copied in any way.

LEARN MORE ABOUT ELECTRONIC VIDEO SIGNING

Why Create a Will?

Having a Will simplifies the process of distributing the assets in your estate. It can outline instructions for the care of your next of kin and specify any gifts or donations you plan to leave on your behalf.  This leaves your loved ones with clear instructions as to your wishes.  Without a Will, decisions about your family and assets can be left in the hands of the legislature and the courts.  Save your loved ones the stress, significant financial expense, and burden of managing these matters by creating your Will today.

Why choose Veritasa Law for creating and keeping your Will?

NO SURPRISES

Upfront and transparent pricing means no surprises and no hidden fees.

All our work begins with a free consultation where we supply up-front, clear, and easy-to-understand pricing.  This way you can focus on the other important things in your life. 

Quality service, our teams 90+ years of experience in Wills and Estate planning ensures that you will be well taken care of.  

Ongoing Service – when you commission a Will with Veritasa Law, we will keep you updated about changes to Ontario Law and any effects this may have on your Will in the future.  

Contact us for a free first initial consultation and quote.

Get started with your will today.

LATEST TECHNOLOGY

Latest in secure and verifiable document signing.

Our best-in-class, remote video signing service allows you to sign anything, even your Will or Power of Attorneys, from anywhere.  This signing software has the industry’s leading video audit trail technology and meets all the requirements of the governing legislations in Ontario.  This allows for secure, verifiable, and remote signing for documents that would have needed an in-person visit in the past.  This software ensures that your signature cannot be called into question or challenged.  

Our team at Veritasa Law is here to answer all your questions and address your concerns.

Let us help you secure your family’s future today.

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Frequently Asked Questions

What is an Original Will?2021-02-22T23:04:36+00:00

This is the original document of your last Will and testament, this original is what must be presented in Court during probate.   

What is a Power of Attorney for personal care?2021-10-08T13:39:35+00:00

A POA for personal care is a person granted permission through a POA to decide about your healthcare, aspects of your personal life, and housing, should something unexpected happen to you rendering you mentally incapacitated  

What is a Power of Attorney for property?2021-10-08T13:39:35+00:00

A POA for property is a person granted permission through a POA to handle your finances and property should you become mentally or physically incapacitated. 

Are Video Signatures valid on Wills and Powers of Attorney in Ontario?2021-10-08T13:39:35+00:00

Yes, under emergency legislation now in place (and likely to stay in place) Video Signatures are valid on Wills and POA’s in Ontario if they meet a set of standards.  Two witnesses are required, one of which must be a licensee of the Law Society of Ontario, signatures must be original signatures and not digital signatures, and the witnesses must be able to see and hear the attendees of the video conference. 

Is it worth the price to get a Will?2021-10-08T13:38:33+00:00

The cost of a Will can seem daunting, but the reality is — the cost of passing without a Will far exceeds the cost of a Will.  

What costs will there be if I do not get a Will?2021-02-22T22:58:29+00:00

Court Costs and Fees  

Even if you have a simple and small estateyour fees and court costs to be paid for administration will likely be higher than if you had a probated Will in the first place.   

Income Taxes  

Without a Will you do not have a tax plan in place, which may cause your income taxes to increase.  With a tax planned Estate in your Will, it is possible to save thousands of dollars of taxes.  

Legal Fees 

Estates without a Will are more time consuming than Estates with a Will, thus more costly   

Real Estate 

If you own multiple properties in different provinces or countries, the location will determine how the property will be dealt with under the law.  This means if you do not have a Will and you have a vacation home in Hawaii and a home in Ontario, there will be 2 estates to be administered, which is subject to 2x the cost of 1 estate. 

What happens if I have a Will and get Married after it is created?2021-02-22T23:00:16+00:00

If you have a Will before you get married, the Will is automatically terminated upon marriage.  You must create a new Will when you get married unless you referred to your upcoming marriage and documented in your Will your intent to keep the prior Will valid after said marriage. 

What happens if I have a Will and my married spouse, and I become separated?2021-02-22T23:01:28+00:00

 Regardless of how long you have been separated, your separated partner (if you named your separated partner as an executor or beneficiary) will inherit.  It is important to draft a new proper Will if this is not your intent.  

What happens if I have a Will and get divorced?2021-02-22T23:02:50+00:00

In this case, your Will is not automatically invalidated.  Unless your Will specifically addresses the divorce, your Will shall read as if your ex-partner has passed before you have.  Your ex- spouse will therefore not inherit* as a beneficiary and cannot be named executor. * The exception to this is beneficiary appointments on RRSP’s, TFSA’s, RRIF’s, pensions or insurance These will need to be changed explicitly in a new Will or they can be corrected at your local bank or financial institution.   The safest action to protect your assets and wishes is to create a new Will and revoke prior Wills after divorce.  

What if I have a common law spouse and no Will?2021-02-22T23:03:48+00:00

Under the Family Law Act a common law spouse does not have the same rights as a married spouse and are not required to receive anything if you do not have a Will.  If you do wish to have your common law spouse as an executor or beneficiary, you must create a Will.  

What is a Codicil?2021-10-08T13:39:35+00:00

A codicil is a testamentary document that makes an addendum, amendment, or other minor change to your last Will and Testament.   

How should I store an Original Will?2021-10-08T13:38:33+00:00

Option 1 

 The first is to leave it with us at our Law offices.  For no fee we can securely store it in a fireproof cabinet.  If you choose this option make sure your loved ones know the name and location of our offices, for retrieval of the original Will should something unexpected happen.  

Option 2 

For a one-time fee you can deposit it with the courts of Ontario. 

Option 3 

Ensure it’s safe keeping yourself. You may choose to store it in a safe at your home, a safety deposit box in your bank or financial institution, or another safe place of your choosing.  

Regardless of where you choose to store your original Will, it is important to make sure the executor or a beneficiary, knows the location of the Will 

What is revocation of a Will?2021-02-22T23:08:56+00:00

Revocation of a Will is the action of rendering it invalid. 

What happens if I destroy my Original Will?2021-02-22T23:09:37+00:00

If the person who writes the Will, the testator, destroys the Will it is no longer valid and considered revoked.  

What happens if I lose the Original Will?2021-02-22T23:10:48+00:00

If an original Will is lost, it is considered revoked, as the testator is assumed to have destroyed the Original Will.  A lost Will is a big hassle to your loved ones and can be incredibly complex to deal with.  Under some circumstances a copy of a Will may receive probate, but it is exceedingly difficult, expensive, and may not be possible.  

Should I revoke my old Wills?2021-02-22T23:11:48+00:00

In most cases, the testator should revoke prior Wills when a new one is created.  Speak with a lawyer today if you have any questions regarding this process.  

Should my Will mention my dependents?2021-02-22T23:13:02+00:00

Yes, your Will and estate plan should mention your dependents, and any obligations you may have to support them.  If not, under Ontario law, someone that was dependent on the testator can make a claim for support from the estate.  This claim can be made on top of what is to be inherited by the dependent.  

In what ways can I own a home in Ontario?2021-10-08T13:38:33+00:00

There are three ways a homeowner can own a home in Ontarioas a sole owner, as a joint tenant, and as tenants-in-common.  

A sole owner of a home is when there is only one person on the title of the home and has the sole rights to the home. 

Most legally married spouses own a home as joint tenants, which means that they both hold ownership to the home.  

Tenants in common is the third way a person can have ownership to a home in Ontario.  This occurs when a property is held by two or more people, or a corporation, and each person holds a percentage share in the property.  This can also be used to sever assets between a separated couple.  

What happens to my home if I pass away?2021-02-22T23:15:59+00:00

If you are a sole owner, 100% of the value of your home will become a part of your estate and dealt with as outlined in your Will.   If you are a joint owner your home passes to the surviving joint owner by “right of survivorship.”  If you are a tenant in common your estate is entitled to the percentage of the ownership value that you have in the home. 

What happens if I don’t have a will?2021-10-08T13:39:35+00:00

When a person passes away intestate, or without a will, the first thing that needs to be addressed is what is included in the estate.  Once everything that has been determined to be in an estate is “marshalled”, the distribution of the estate is determined by the Succession Law Reform Act.  This process is determined by the legislature or the courts and NOT by the wishes of the deceased.   

If you are married the act states, the first $200,000 of the estate is inherited by your married spouse.  If you are common law, the common law spouse would not inherit any part of the estate. 

If you are married with one child after the first $200,000 is given to the married spouse, the remainder of the estate will be split between your spouse and your child. 

If you are married with more than one child after the first $200,000 is given to the married spouse, 1/3 of the assets will be given to your spouse, and the remaining 2/3 will be divided amongst your children. 

If you are not married with children, the act states that the entirety of the estate will be divided equally among your children. 

If you have no spouse and no children, the act states that the entirety of the estate will be passed to your parents. If no parents are living, then the entirety of the estate will be given to your siblings. 

Save those you care about most the time, stress, and financial burden of passing intestate by creating a proper will today. 

What is a Power of Attorney or POA?2021-10-08T13:39:35+00:00

A Power of Attorney (POA) is a person, granted permission through a legal document, who has the right to make decisions on your behalf should you become mentally or physically incapacitated Ideally this is a person you trust to make these difficult decisions.  If you do not have a POA, the alternative is a court appointed guardian, which can be time consuming and costly. 

Should I have a Power or Attorney or POA?2021-10-08T13:39:35+00:00

Everyone over the age of 18 in Ontario, who is mentally capable of granting a POA should do so.  The alternative to not having a POA will incur significant added cost to you and your loved ones and may make decisions contrary to one your loved ones would make. 

What is Probate?2021-10-08T13:39:35+00:00

Probate is the court process for the approval and the certification of a Will.  During this process, an executor will also be appointed to manage the assets of the estate. 

Are all Will’s created equal?2021-10-08T13:39:35+00:00

No, your Will can be simple, or complex based on your finances, family situation, assets outside of Ontario, or if you own shares in a private company, etc.  

Should my Will have an affidavit of execution?2021-10-08T13:39:35+00:00

Yes, a proper Will should have an affidavit of execution as it is required for probate. 

What is an affidavit of execution?2021-10-08T13:39:35+00:00

An affidavit of execution is a sworn document that provides security to your Will.  This document is sworn by a witness at the time the Will is signed by the Testator.  This provides Validity to the signing process of the Will (referred to as “proof in solemn form”) and protects the estate of the testator in probate. 

Can I have an alternate for my executor?2021-10-08T13:39:35+00:00

Yes, you can and should appoint an alternate executor in your Will, in the case that your primary executor does not want to be the executor, or is unable to be the executor, such as if the primary executor passes away. 

What is a guardian?2021-10-08T13:39:35+00:00

A guardian is a person that is appointed by the testator, who will take care of the minor children of the testator in the event of the Testator’s death. 

What is an executor?2021-10-08T13:39:35+00:00

An executor is a person appointed by the testator, who upon the testator’s passing, will manage any wishes and affairs of the testator as instructed in the Will.  The executor of the Will is an important job, and a responsible person should be selected. 

What is a testator?2021-10-08T13:39:35+00:00

A testator is the title give to the person creating the Will. 

Can a joint bank account replace a Will or POA?2021-10-08T13:39:35+00:00

No, a joint bank account cannot be substituted for a Will or POA.  A joint bank account can make a Wills process more complex.  

What is an electronic signature?2021-10-08T13:39:49+00:00

In Ontario the Electronic Commerce Act, 2000 refers to “electronic signature”,  as an electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document.

As a married couple, do we need separate Wills?2021-10-08T13:39:35+00:00

Yes, it is important to have separate Wills as married couple.

Are electronic signatures valid?2021-10-08T13:39:49+00:00

In Ontario since the passing of the Electronic Commerce Act, 2000 electronic signatures have been legally binding so long as they are done properly.  Speaking to a lawyer is an important step in evaluating if your electronic document signing solution is done properly.    When discussing with your lawyer, ask about repudiation of agreements, and if the document signing solution you are considering can validate intent, identity and consent with each signature.

Is a digital signature different than an electronic signature?2021-10-08T13:39:49+00:00

Often “Digital Signature” is used as a way of saying “Electronic Signature”.

With respect to signing your contracts, the proper term in legal circles is “Electronic Signature”.

 

Why do I need Power of Attorneys2021-10-08T13:39:35+00:00

Power of Attorney is used to ensure that gov’t will not take over your financial and medical decisions. In Ontario the default for not having a power of attorney for either property or personal care is that the government steps in, and assigns someone to make all the decisions for you. This person has the final authority.

Why is nonrepudiation important?2021-10-08T13:39:49+00:00

When the authority or legitimacy of your legal transaction is in question, it may allow stakeholders to repudiate its validity.   In case of a legal transaction this could mean bringing into question if the authorized signature is valid and thereby bringing the entire legal transaction into question.   This could lead to unwanted scrutiny, and unwelcome added costs to defend your legal transaction.

It’s important to be able to employ the convenience of electronic signatures with the confidence of knowing that they will be held valid and legally binding if challenged.

 

What is a seamlessly verifiable transaction?2021-10-08T13:39:35+00:00

A seamlessly verifiable transaction means that the person is visible on video throughout the transaction.  There will be no break in the recording and you see the person as they are signing. All of this ensures that we can verify that the person in the video is signing.

Our audit trail proves the person’s identity, their precise location (required by law), their signature, their identification, consent, and intent. Everything is authenticated.

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