How to write an authentic legal will in Canada

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hzw

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What are the steps required to have an authenticated legal will without paying the lawyer fees :-).
How to make a will in action? Is it enough to get 2 witnesses signing the will?
Is there any form needs to be registered in court? How much are the fees?

Thanks!
 
最初由 hzw 发布
What are the steps required to have an authenticated legal will without paying the lawyer fees :-).
How to make a will in action? Is it enough to get 2 witnesses signing the will?
Is there any form needs to be registered in court? How much are the fees?

Thanks!

Just buy a Canadian Legal will kit, and fill out the form yourself.
All it cost is just $29, without lawyer and all legal.
 
After filling the form, how to make the will on action?
Is it by any kind of registry in Court? or where?
Thanks!
 
I am not sure about the laws in Ontario, but in the U.S., a properly executed will need not be filed with the court or other govt agency to be valid.

There are special requirements for some provisions in a will, AKA legacies, to be valid. Why not spend a few bucks for legal services that can really benefit your intended beneficiaries?

Good luck.


最初由 hzw 发布
After filling the form, how to make the will on action?
Is it by any kind of registry in Court? or where?
Thanks!
 
Authentic? An authentic document might not have legal power. I guess what you want is legally valid Will.
Jointly held account with survivorship is widely available in Canadian banks and they are also non-probatable property. If all assets go through the probate, it will cost a lot to execute the Will. At least it will be very time consuming and complicated.
If you do choose to have a Will for all of your asset, saving money without hiring a reputable lawyer could be a bad idea, unless you have a very professional template in front of you and it situates you well. A badly drafted Will may create a hard time for your beneficiary(ies) and cost you a lot more finally.
Whenever you have estate planning, the tax issue is too crucial to ignore. Can your heir(s) handle them well and honor your intention? In short, you need a reliable lawyer specialized in estate to help you. Self-drafted Will in some occasions can not be enforced because of there are quite a lot requirements for a legal Will. Also, if you have more than one person designated as beneficiary, you do not want them to have ugly dispute, that would be very sad. If you worry about unethical attornies or the vunerability of your beneficiary, there are other instruments which might have as strong power as the Will. Or you can do the same thing as one funny commercial on TV---put money in a box and bury it under the tree in your yard :)
 
最初由 hzw 发布
What are the steps required to have an authenticated legal will without paying the lawyer fees :-).
How to make a will in action? Is it enough to get 2 witnesses signing the will?
Is there any form needs to be registered in court? How much are the fees?

Thanks!

[警告]:长段文字,不喜勿读

去costco买个"Will"软件光盘。自己用软件立遗嘱很简单,比用quicktax软件报税还简单;或者象楼上“如假包换的马甲”所说,去文具店买一份“will kit"

WillWriter Deluxe 2005
box_WillWriterDlx2005.gif


Quicken Willmaker Plus 2005
Quicken_Willmaker.jpg


Quicken® WillWriter 2001
0d_1.JPG

(ebay买只要$0.99)


=========================

订立遗嘱(WILL),是为了预防意外的发生可能性,考虑到万一自己有意外的话,倚靠自生活的亲人能否得到适当的保障。

订立遗嘱有三个要素:
1。指定遗产的承辨人(EXECUTOR)这可以是某一个亲人,朋友或信托公司作为统计遗产的价值,时临托管遗产,按照遗嘱的意愿去分配遗产。如果有不清楚的地方,便得向法庭请求指示,然后再作分配。
2,指定未成年子女的监护人(GUARDIAN)。
3,确定遗产的分配方法。

遗嘱可以自己订立,在文具店买法律承认的表格,按要求填好后同样具有法律效力,该表名“遗嘱和财产计划表"。

没有遗嘱的遗产会被如何处置?

如果亡者没有在生前立下遗嘱,那么其遗产将会按照所居省的无遗嘱法例去分配。如果其有配偶而没有儿女,其遗产的全部将由配偶继承。若一对夫妇在短期内相继死亡,而两人都没有遗嘱的,那麽财产便归迟去世一点的配偶的父母或兄弟姊妹所有。那早一点去世的配偶有家人则没有任何继承权。这是不公平的。但因没有遗嘱,这类不公平分配遗产的情况就会产生。

怎样保证所立遗嘱有效

遗嘱的内容如果有含糊不清的地方便可能部分或全部失去效力,签署遗嘱有一定的法规,

1,遗嘱必须由立遗嘱者在两名证人面前签字。这两位证人必须同时在场,并在遗嘱上签名和填上姓名地址。

2,证人必须是成年人(年满十九岁)。证人不能是遗嘱的受益人或受益人的配偶。

3,立遗嘱的人在签署遗嘱时必须有充分的判断力和清醒的头脑,必须了解遗嘱的内容和意义,出于自愿地签署遗嘱。失去了理解和判断力的人所签署的遗嘱或被别人施加压力而签署的遗嘱都是无效的。 立遗嘱者须好好保存签署了的遗嘱,例如存在银行中的保险箱内。同时,应该填写一份通知书,记录遗嘱的存放地点,和签署日期,呈交省政府。如果日后遗嘱有修改或转移存放的地方,都应通知省政府。

何种情况下遗嘱失效?

1,如果立遗嘱时是单身的,而在立遗嘱之后结了婚,那婚前立的遗嘱便失去效力,除非遗嘱清楚注明立遗嘱者在立遗嘱的时候已经准备和某人结婚。
2,如果立遗嘱者是结了婚的,而在立遗嘱之后离婚,或其婚姻被法庭宣判无效,那么,遗嘱里有关遗赠给配偶的部分均告无效。
3,如果遗嘱里指明赠某些财物给某些受益人,而那些财物在立遗嘱者去世的时候并不属于立遗嘱者,那么,这遗赠是无效的。
4,如果立遗嘱者没有在遗嘱里合理地照顾配偶和儿女经济上的需要,法庭可以在适当的情况下,接受死者的配偶或儿女的申请而修改遗产的分配。

承办遗产处理的步骤

1.找出遗嘱正本 查清楚死者有否订立遗嘱和把最后订立的遗嘱找出来。在卑斯省,有遗嘱登记处,律师须替承办人向遗嘱登记处查询死者订立遗嘱的记录,以确定承办人所找到的遗嘱确是死者最后的遗嘱。
2.确定承办人
若果确定找到了最后的遗嘱,便按照遗嘱去断定由谁去担任承办人。如果没有遗嘱,便要由死者的家属向法庭申请。一般合理的人选就是死者的配偶或儿女。
3.律师尽职
律师的工作,包括协助承办人把遗产列入分类的清单内,注明每项财产的持有权和价值,以死者去世的日期为评估市价的日期。按照所居省内遗产的总值,计算要缴交的申请认证费用。律师同时要协助承办人断定应该通知哪些亲人。按照卑诗省的遗产法,承办人必须通知死者的配偶、儿女,和遗嘱上指明的继承人和受益人。要让他们知道遗嘱的内容,因为他们有可能有法律上的权益向法庭提出要求去更改分配遗产的指示。例如,若遗嘱的指示对死者的配偶或儿女有不公平不合理的忽略,他们可以要求法庭作出干预。
 
最初由 many 发布
Authentic? An authentic document might not have legal power. I guess what you want is legally valid Will.
Jointly held account with survivorship is widely available in Canadian banks and they are also non-probatable property. If all assets go through the probate, it will cost a lot to execute the Will. At least it will be very time consuming and complicated.
If you do choose to have a Will for all of your asset, saving money without hiring a reputable lawyer could be a bad idea, unless you have a very professional template in front of you and it situates you well. A badly drafted Will may create a hard time for your beneficiary(ies) and cost you a lot more finally.
Whenever you have estate planning, the tax issue is too crucial to ignore. Can your heir(s) handle them well and honor your intention? In short, you need a reliable lawyer specialized in estate to help you. Self-drafted Will in some occasions can not be enforced because of there are quite a lot requirements for a legal Will. Also, if you have more than one person designated as beneficiary, you do not want them to have ugly dispute, that would be very sad. If you worry about unethical attornies or the vunerability of your beneficiary, there are other instruments which might have as strong power as the Will. Or you can do the same thing as one funny commercial on TV---put money in a box and bury it under the tree in your yard :)

1. Are you suggesting the use of the "Jointly held account" as a replacement of a Will? :confused:

2. What are the "other instruments which might have as strong power as the Will"?

3. Is this your taking-home message? i.e.,Hiring a lawyer no matter what. :confused:
 
Woops, I didn't realize I confused an intelligent guy like you. Sorry~
Are you dying? If not, do not be that fussy then.

最初由 只在乎曾经拥有 发布


1. Are you suggesting the use of the "Jointly held account" as a replacement of a Will? :confused:

2. What are the "other instruments which might have as strong power as the Will"?

3. Is this your taking-home message? i.e.,Hiring a lawyer no matter what. :confused:
 
Thanks promise!
在卑斯省,有遗嘱登记处, Do you know that Ontario has the 遗嘱登记处?
hzw
 
最初由 只在乎曾经拥有 发布
1. Are you suggesting the use of the "Jointly held account" as a replacement of a Will?

2. What are the "other instruments which might have as strong power as the Will"?

3. Is this your taking-home message? i.e.,Hiring a lawyer no matter what.
最初由 many 发布
Woops, I didn't realize I confused an intelligent guy like you. Sorry~
Are you dying? If not, do not be that fussy then.
"Are you dying? If not, do not be that fussy then."

Oh, boy... LOL

I have to admit this is one of the funniest remarks I have seen in this site. It reminds me of the Ronald Reagan's remark in the 1984 Presidential Debate with Walter Mondale. When Reagan was asked about the concern of his age because he was already the oldest president in the US history, he said: "I am not going to exploit, for political purposes, my opponent's youth and inexperience". By that remark he got the biggest laughs in that debate, even laughs from his opponent Mondale, and possibly many laughs years after that debate.

On a less funny note, you can probably tell, I am not an intelligent guy at all. But for some unknown reason I have more or less similar questions along '只在乎曾经拥有's lines. Preparing a valid Will is about a matter of money and a matter of live and death, so it's a serious matter. It doesn't have to be prepared only at the time when you are "dying". It could be prepared for unforeseeable/unpredicable accident/event. I guess it could be one of the reasons that '只在乎曾经拥有' raised his questions. Accusing '只在乎曾经拥有' of being "that fuzzy" is funny indeed, but I have to say it does not hold much water. I believe those questions are legitimate questions (at least in my view).

Again, thanks for the laughs, and please be careful next time...:)
 
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