Wills & Estates Lawyers
No one likes to think about their own death – or that of a loved one. But having a Will, or determining a Power of Attorney are important ways to care for yourself and your family should the unthinkable occur. At Epstein & Associates, you will always meet with a lawyer to discuss your estate planning. Likewise you will meet with a lawyer to review your draft documents, and sign your documents once you are satisfied with the terms. This is really what sets the wills and estate lawyers at Epstein & Associates apart.
The Wills and Estates lawyers at Epstein & Associates can help you make the difficult but important decisions in regards to your estate so that your loved ones will have the peace of mind that they deserve. We can help with the preparation of your last Will and Testament, ensuring that your estate will be distributed in accordance with your wishes, as well as advice on deciding on who will be your Estate Trustee or Executor/Executrix.
Wills & Estate Lawyer Services
Our fees are currently as follows*:
Single Simple Will $350.00
Single POA for Property $300.00
Single POA for Personal Care $300.00
All of the Above $600.00
Reciprocal/Spousal Wills $600.00
Reciprocal/Spousal POAs for Property $400.00
Reciprocal/Spousal POAs for Personal Care $400.00
All of the Above $900.00
Simple Codicils $250.00
* Plus HST and disbursements. Prices subject to change. ***Please note that the above relates to simple wills and powers of attorney; complex documents will be drafted at hourly rates, subject to prior notice to the client.***
Frequently Asked Questions
It is important to have Powers of Attorney for Property and Personal Care. In the event that you become incapacitated these documents would provide your Attorney to act on your behalf. With respect to the Power of Attorney for Property, your Power of Attorney would be able to deal with your property on your behalf and essentially step into your shoes.
These Powers of Attorney for Property may take effect immediately, or on a subsequent incapacity. Powers of Attorney may apply to any incapacity in the future, or to allow the Attorney to act for a specific period, for example if you were to leave the country. The Power of Attorney for Personal Care allows the appointed individual to make decisions on your behalf with respect to your medical health and welfare and provides you the opportunity to outline your wishes with respect to life support or resuscitation.
These are commonly referred to as Living Wills. It is important to note, without a Power of Attorney for Personal Care you are risking that a Board of Directors of your caring hospital will make decisions regarding your welfare should you become incapacitated.
If you have children, your Will provides an opportunity to appoint a Guardian. Many do not realize that the appointed Guardian must apply to Court within 90 days for formal approval; if the appointed Guardian is deemed inappropriate the Court will overrule and appoint another Guardian. Although the Court has this power, the Will is an important indication of your wishes and this preference carries significant weight. A guardian is appointed for the care of the child as well as for his or her property.
There are two types of power of attorney: Power of Attorney for Property, and Power of Attorney for Personal Care. In the event that you become incapacitated, these documents would allow your Power of Attorney to act on your behalf. With respect to the Power of Attorney for Property, your Power of Attorney would be able to deal with your property on your behalf. The Power of Attorney for Personal Care allows the appointed individual to make decisions on your behalf with respect to your medical health and welfare, and provides you the opportunity to outline your wishes with respect to life support.
If you die without a will (which is also called dying intestate), your estate will be dealt with in accordance with the Succession Law Reform Act (SLRA). In the event that you are married and have no children, your husband/wife will receive your property. If you are not married, but live in a common law relationship, your common law spouse will not inherit any of your property, but they may be able to make a claim for support against the estate.
In the event that you die without a will and are married with children, the SLRA states that the surviving spouse gets a preferential share, and the balance is divided between the surviving spouse and children. If a person dies without a spouse or children, then the deceased’s parents would inherit the estate. If the deceased had no surviving parents, then his or her property would be divided equally among his or her brothers and sisters.
If any brothers or sisters have predeceased the person who has died, the share of that brother or sister is divided equally among his or her children. In the event that a person dies without a spouse, heirs, or next of kin, their property will escheat to the Crown, which means that the government will receive the property of the estate.
A divorce will cause any provisions of your will that deal with your ex-spouse to become invalid. The rest of your will remains valid, but it may be difficult to interpret the remainder of your will, and it is important to have a new will drafted.
No. Becoming separated from your spouse does not impact your will. If you pass away while you are separated, your spouse may still inherit under your will. It is important to have a new will drafted upon separation.