Will and Estate Law
Trusts and Estate Litigation proceedings encompass a variety of matters including: Drafting a Will and Power of Attorney documents along with trust provisions for those most vulnerable.
Trusts and Estates Litigation is the specialized practice of law involving the resolution and, if necessary, litigation of trust, estate, and
protective proceedings.
Claims of breaches of fiduciary duties by trustees, conflicts of interest, breach of trust, accounting, directions for court instructions, allegations or protection from allegations of undue influence, suspicious circumstances or fraudulent conveyances, and interpretation, advocacy, or defence of testamentary capacity and a Testator/Testatrix’s intent.
Serving Barrie, Orillia, Midland, Wasaga Beach and surrounding areas.
Why Judd Law?
Experience: With extensive expertise in Wills and Estate law, we provide comprehensive guidance to ensure your legacy is preserved and your loved ones are protected.
Precision: Precision in Wills and Estate law is crucial to guarantee that your intentions are clearly articulated and legally upheld.
Client-Focused: Our approach ensures that every decision is tailored to the individual's unique needs and wishes.
Addressing Concerns.
Validity of Documents: Clients often worry if their Will or Estate documents will stand up in court; it's essential that every document is drafted and executed in compliance with local legislation to ensure its validity.
Asset Distribution: A common concern is ensuring that assets are distributed according to the client's wishes without any legal disputes; precise wording and clarity in the Will can prevent potential conflicts among beneficiaries.
Tax Implications: Many clients are concerned about the tax consequences for their heirs; understanding estate tax laws and planning accordingly can minimize the tax burden on the estate and its beneficiaries.
Guardianship Decisions: For clients with minor children, deciding on a guardian is a pressing concern; it's vital to have a legally sound plan in place that prioritizes the child's best interests.
Our Services.
Craft a lasting legacy with our comprehensive Wills and Estates services, ensuring your wishes are seamlessly realized and
your loved ones are confidently protected.
Will Drafting
Today is a good day to plan your future! We assist you in drafting a Will that will stand the test of time, reviewing intentions that are meant to ensure your wishes are honoured and your loved ones are cared for.
Estate Planning
Shape your future with precision; our estate planning services offer tailored solutions to safeguard your assets and provide peace of mind for your loved ones.
Trust Establishment
Whether you require a Henson Trust, Spousal Trust or Special Trust - we secure your assets and ensure your loved ones' future. With our specialized trust establishment services, your vision meets expert guidance.
Power of Attorney
Empower your decisions even when you can't make them. Our power of attorney services ensure your choices are in trusted hands.
Probate and
Estate Administration
Navigate the complexities of probate with ease; our estate administration services streamline the process, ensuring a smooth transition for your loved ones.
Guardianship
Protect those who matter most; our guardianship services provide the legal foundation to ensure your loved ones are in the best hands.
TAKE THE NEXT STEP...
Book A Consultation.
When you book a consultation with us you can expect an open mind, a listening ear, and direction on next steps.
Frequently Asked Questions.
What is the difference between a will and a living will in Ontario?
In Ontario, a "will" and a "living will" serve different purposes. A "will" is a legal document that outlines how you want your assets distributed after your death, who will care for any minor children, and who will be responsible for executing your wishes (the executor). On the other hand, a "living will" is not a formal legal term in Ontario but is commonly used to refer to what's officially known as an "Advance Health Care Directive." This document outlines your wishes regarding medical treatment and interventions if you become incapacitated and cannot communicate your decisions. While a will takes effect after your death, a living will applies while you are still alive but unable to make or communicate medical decisions.
Do I need a lawyer to draft a will in Ontario, or can I do it myself?
While it's legally possible to draft a will on your own in Ontario, it's highly recommended to consult with a lawyer. A lawyer can ensure that your will is valid, clear, and free from ambiguities that could lead to disputes or challenges in the future. They can also advise on tax implications, asset protection, and other complexities. While DIY will kits are available, they might not cover specific nuances or unique situations in your life. A professionally drafted will can provide peace of mind knowing that your wishes will be carried out as intended.
What happens if someone dies without a will in Ontario?
If someone dies without a will in Ontario, they are considered to have died "intestate." In such cases, the Succession Law Reform Act dictates how the deceased's assets will be distributed. Typically, the assets first go to the closest living relatives, starting with the spouse and children. If there are no surviving spouse or children, the assets may go to parents, siblings, nieces, nephews, and so on, following a specific order set by the law. It's worth noting that dying intestate can complicate the estate administration process, potentially leading to delays, additional costs, and disputes among family members. Having a will ensures that your assets are distributed according to your specific wishes.
From The Desk of Judd Law.
Read about settlements, case law, perspectives and guidance we offer as part of our ongoing mission to educate and empower our clients on legal matters that matter.