Estate planning involves the transfer of someone's assets (e.g. property, money) when they die, as well as a variety of other personal matters. Wills, estates, trusts and power of attorney are all common tools used in estate planning. This section also contains information about family members who can't take care of themselves.
Yes. In Ontario there are three kinds of Power of Attorney: Continuing Power of Attorney for Property Power of Attorney for Personal Care Non-continuing Power of Attorney for Property More information on the types of power of attorney.
A power of attorney kit is a booklet containing forms for making power of attorney arrangements. By making powers of attorney, people can plan ahead to make sure their wishes are carried out.
Many people believe their families will be able to step in if something happens and they cannot make decisions for themselves. This isn't always true.
A power of attorney is a legal document, often referred to as a "POA", that gives someone else the right to act on your behalf.
The Public Guardian and Trustee plays a role in protecting mentally incapable people , protecting the public's interest in charities, searching for heirs, investing perpetual care funds and dealing with dissolved corporations.
The Children's Lawyer acts on behalf of persons under the age of 18 in various estates, trusts, guardianship and other matters.
You should contact a supplier of legal forms listed in the yellow pages. The forms can be viewed on the Rules for Civil Procedures Forms website, beginning with form 74.4. You will need to ensure that the form complies with the rules of court regarding format.
You should first contact the Superior Court of Justice in the county where your relative lived at the time of his or her death, to see if someone was appointed estate trustee.
If someone dies without a will in Ontario and the Office of the Public Guardian and Trustee is appointed by the Court as the estate trustee, any person claiming a share of the estate will have to prove they are entitled to inherit. more
The certificate of appointment of estate trustee must be printed and typewritten. This ensures that there is no question about the content of a certificate of appointment of estate trustee that is issued by the Superior Court of Justice.
Other court estate documents may be handwritten, so long as (1) they are legible, and (2) a printed copy of the form in accordance with the required format is used.
All court documents whether printed, typewritten or written must meet the requirements of the Rules of Civil Procedure relating to the standards for format. This includes spacing, margins, print size and quality of paper.
The estate administration tax is calculated on the total value of the deceased's estate wherever situated, that is sworn/affirmed to on the application for a certificate of appointment of estate trustee under "Value of Assets of Estate". The formula for calculating the amount of the tax is set out in the Estate Administration Tax Act, 1998 as follows:
Inquiries about the status of an estate application that has been filed with the Superior Court of Justice should be directed to the civil office of the Court (in Toronto, to the Estates Office). A list of court addresses may be found at: http://www.attorneygeneral.jus.gov.on.ca/english/courts/cadaddr.asp.
There are benefits from the federal government, which may be available to a surviving spouse and
dependent children of a deceased person and to the deceased person's estate.
The matter of death benefits falls within the
jurisdiction of the federal government. Find more information
online at the Canada Benefits page on dealing with death in Ontario, or the Service Canada page on Canada Pension Plan Death Benefits.
For information on death benefits, you may contact Human Resources and Skills Development Canada (HRSDC) at 1-800-277-9914,
delivered by Service Canada. An operator will be able to refer you to your local HRSDC branch and provide you with more information on death benefits.
When an estate application with a will has been filed with the Superior Court of Justice, you can contact the court office and request a copy of the person's will. You will have to pay a fee to the court for the copy.
Where a deceased has left a will and the deceased's personal representative has filed an application for a certificate of appointment of estate trustee with a will at the Superior Court of Justice, any person may inspect the file and obtain a copy of the will upon payment of the prescribed fee, unless a judge of the court has ordered the file sealed. The application is filed at the court location in the county or district where the deceased resided.
Fees payable to access a court file and to obtain a photocopy of a filed document may be viewed on the Ministry's website at: http://www.attorneygeneral.jus.gov.on.ca/english/courts/default.asp#fees.
A trust is created to hold property or assets for the benefit of a particular person called the beneficiary. It is managed by a person called a trustee, who has an obligation to deal with the property for the beneficiary of the trust. There are many different kinds of trusts.
An estate is the property that a person owns or has a legal interest in. The term is often used to describe the assets and liabilities left by a person after death.
A person's will is a written document that sets out the person's wishes about how his or her estate should be taken care of and distributed after death. It takes effect when the person dies.
Mississauga Office:
Brampton Office: