Follow my blog via RSS Generally a divorced ex-spouse does not inherit via the Will of a deceased ex-spouse nor under intestacy laws. Any mention of a surviving spouse in a Will which was signed before the date of the divorce is treated as though the surviving ex-spouse had died first. This has the effect of cutting out the surviving ex-spouse. A divorced spouse appointed as an Executor by a Will dated before the divorce is legally not allowed to act as Executor. If a Will was signed after the date of the divorce, any provision for an ex-spouse is valid including the appointment of the former spouse as an Executor. Read the rest of this entry »
Donna Neff's Law Blog
What is the Effect of Divorce on an Estate and on Powers of Attorney?
August 25th, 2010
What is the Effect of Marriage on a Will and Powers of Attorney?
August 11th, 2010If you marry after signing a Will and if there is no mention in your Will that you were ‘contemplating marriage’ to your new spouse, your Will is effectively revoked by your marriage. The new spouse has the option to allow the Will to stand but this is rarely to the advantage of the new spouse. If you intend to marry or re-marry, you should review and possibly re-sign your Will with a special ‘in contemplation’ clause to ensure that your Will remains valid.
Re-marriage generally has no effect on an existing Power of Attorney document in which you appointed a former spouse (married or common law) as your substitute decision-maker. If you do not wish a former spouse to act under an existing Power of Attorney, revoke the document in writing or sign new documents which appoint someone else and, at the same time, revoke the previous documents. You must also notify any institutions, financial planners, and other professionals that you have revoked or signed a new Power of Attorney document.
Guardianship Applications – Acceptable Settlements?!
July 26th, 2010If a person becomes mentally incapable and has never signed a Power of Attorney for Property and/or Power of Attorney for Personal Care, it may be necessary for someone to make an application to the court to be the incapable person’s guardian of property and/or guardian of the person.
Unfortunately, guardianship applications can become acrimonious where more than one family member vie to be guardian. What is the court’s reaction when the contesting parties are able to come to an agreement and appear to have settled the differences between them? Read the rest of this entry »
What Happens to Daisy? – Part 2
July 18th, 2010Following up on last week’s blog, this week I will discuss gifting a pet to a caregiver and what to consider when making a cash gift to a caregiver.
Gifting a Pet to a Caregiver
Although most of us do not think of our pets as assets, it is important to remember that, for legal purposes, animals are considered personal property. As such, a pet cannot be a beneficiary under a Will. A pet owner can gift his or her pet to another person who then becomes the legal owner of the pet. A provision in a Will directing that a pet be euthanized will likely not be valid as such provisions are considered to be against public policy. Read the rest of this entry »
What Happens to Daisy? – Part 1
July 9th, 2010Many of us consider our pets to be beloved family members. It is important to plan appropriately for our pets in the event of our mental incapacity or death. The next couple of blogs will explore some of the issues that should be considered.
Immediate Care after Incapacity/Death
Every pet owner should ask a trusted friend or family member to be the emergency contact to feed and care for a pet in the event of the owner’s sudden incapacity or death. Read the rest of this entry »
Q and A re: Naming Professional Advisors in a Will
June 1st, 2010Question: Would a provision in your Will directing your executor (also referred to as ‘estate trustee’) to use a specific lawyer or other professional advisor be binding?
Answer: In short, probably not. It is likely that such a provision would not be legally binding upon your executor. Read the rest of this entry »
Power of Attorney for Personal Care: The Basics
May 23rd, 2010Last week, I discussed the basics of a Power of Attorney for Property. This week I will focus on a related, and equally important, document, a Power of Attorney for Personal Care (POA PC).
A POA PC allows the person(s) you have named to make medical treatment and personal care decisions for you but only if you are mentally incapable of making the decision yourself. There are different tests for mental capacity depending upon the decisions that must be made: Read the rest of this entry »
Power of Attorney for Property: The Basics
May 16th, 2010Ensuring you have a valid, up-to-date Power of Attorney for Property (POA PPY) is an important part of your estate planning. In a POA PPY, you, the ‘grantor’, name someone as your ‘Attorney’ or ‘substitute decision-maker’ who will make decisions for you if you are unable to do so.
You can name one or more people or a trust company to act on your behalf. With the document in hand, they can deal with your property and financial affairs. Read the rest of this entry »
Proof of Death versus Death Certificate? What’s the Difference and Who Can Get One?
May 5th, 2010Do you need a document to prove that someone is deceased? For many purposes, a simple Proof of Death or Funeral Director’s Proof of Death may be enough. These are issued to the person arranging the funeral or to the deceased’s Executor, usually at the time of the funeral.
However, in some circumstances a government-issued Death Certificate may be required. Read the rest of this entry »
Q: I have opened a Tax Free Savings Account (TFSA). Do I need to update my Will?
April 26th, 2010A: There is generally no need to update a Will just because you have opened a TFSA account. All assets including a TFSA that you own solely and which are not designated to a beneficiary become part of your estate on death. You can only name a beneficiary for assets such as life insurance, RRSPs, RRIFs, segregated funds and TFSAs. If you name a beneficiary for your TFSA, it will pass directly to that person, if he or she is alive, on your death and will not be subject to probate fees.