Provincial law governs the rights of a beneficiary of a will in Ontario. If someone leaves assets in a will, they may also receive any income generated from those assets. It includes money that is received through inheritance or other means. It may also entitle beneficiaries to claim damages if they believe they will not be dealt fair by the deceased person’s estate.
When the estate executor applies to the court for a Certificate of Appointment of Estate Trustee, also known as probate, the beneficiary has the right to be notified.
In Canada, writing a will is not tricky one can write it by yourself, but if you don’t know the law, it is better to consult an estate lawyer.
What is a Will?
A will is a legal document that dictates how your property and assets will be distributed after you die. It may also include personal wishes regarding funeral arrangements and other personal information. For a will to be valid, it must comply with the law in your province or territory and must be in writing.
In Ontario, if one of the following is true, then a provision in a will can be set aside:
- (i) A beneficiary gets less than they would have got if they had been given their share of the inheritance when the person who created the will died
- (ii) A provision in a will goes against public policy;
- (iii) A provision in a will is not what they would reasonably expect from one family member to another.
As A Beneficiary, What Are Your Rights?
As a beneficiary in Ontario, there are certain rights for wills and estate lawyers. One of these is knowing what your share is. Regardless of the type of will or estate lawyer, you always may know about your share.
The other right you have as a beneficiary is being able to dispute the will or claim a lost inheritance if they did not provide you with what was promised to you by the person who left their property behind (or omitted you from their will). To protect yourself as a beneficiary, make sure that your lawyer has an up-to-date will on file with them at all times.
What Are The Types Of Will?
There is a way to make a will for people who are not Canadian citizens. In Ontario, there are three main types of wills:
Inter Vivos (created while alive):
An inter Vivos will is a type of will that is executed by a person who expects to live for some time after they made a will.
A common reason for executing this type of will is that the testator may not wish to alter their estate plan if they live longer than they expected, or if they should die before completing the execution of their will.
Holographic (hand-written and unsigned):
A holographic will is a written document that provides instructions and wishes for how one asset should be distributed after death. It is hand-written, dated, and signed by the person who created it.
A holographic will is not a legal document but an enforceable will. The courts cannot overrule this means the desires expressed in it. Whether a holographic will can be enforced depends on the state where the person who wrote it lived on a deathbed.
The term “nuncupative will” is so named because Latin for “speak” is “nuncupative” and “will” is the English translation of the Latin term. Those who are too weak to sign a more formal document typically create nuncupative wills.
A nuncupative will can be a few words or sometimes extensive testimony. They can also be written on paper or even carved into the person’s skin, which is what Roman Emperor Claudius did on his deathbed when he had become too ill to sign his will.
A nuncupative will not need to notarize or witness so it can be completed successfully without an estate attorney present. However, these documents may not.
A testate will is one in which the person making the will is the only person to sign it.
An intestate will is one in which a person dies without leaving behind a will, and their estate is distributed according to their spouse’s will if they have one, their children’s wills if they have any, or their parents’ wills if they do not have any.
A mixed will is one in which some part of the estate goes to someone other than the individual’s spouse, children, or parents.
How Much Does It Cost?
There is no set fee for filing a will in Ontario, as the cost depends on the complexity of the will and whether any specialized services are required. A will must be tailored to meet provincial requirements, and costs vary depending on where you live and how much property you own. The average cost of having a lawyer draw up a will vary from CAD 400 to CAD 700.
How Does A Lawyer Help You In Beneficiary Rights Of A Will?
A lawyer can help you execute your will, which is executed in a document called a will. A lawyer’s services for executing a will may include:
- Drafting and reviewing a will
- Advising you on tax consequences and estate administration
- Executing the will
- Providing help in probate or trust administration
These days lawyers are also offering a service of writing a will, it’s all about the simple legal document that is tailor-made for you and your family.
How Does the Lawyer Approach Help You in Beneficiary Will?
In Ontario, a beneficiary of a will has certain rights and responsibilities under the will. In Canada, the Lawyer Approach is a highly recommended lawyer referral firm and has been providing services for over twenty years.
A lawyer from the firm can help you understand your rights and take steps to protect them. For example, a beneficiary may challenge the validity of the will or demand that property be distributed in a particular way. He can also help you manage your inheritance affairs and protect your interests during probate proceedings. They are available 24/7 for your help, you can contact them at email@example.com.