Are you looking for a probate lawyer in Markham? Is it possible to make your own will?

The quick answer is yes. Handwritten wills can be legal in Ontario. Even an unsent text message was honoured as a man’s final wish in Australia.

While it’s true using a lawyer costs money, handwritten wills and kits have their pitfalls. Your relatives may dispute a handwritten will in court. They could say you were too old or sick to understand your decisions or were coerced into making a will.

They might even lose it or tear it up. Filling in the blanks in a kit is easy enough, but most are very basic.

By the time the average Ontarian makes a will, they can have children, ageing parents, or disabled family members (see Why A Henson Trust Could Matter For Your Family if that is you).

They want their will to provide for heirs and honour their wishes. They probably don’t want their family to meet in court to dispute the contents. That could be unpleasant and expensive.

High-profile cases in Markham Ontario

The first such case involved the estate of a prominent real estate developer in Markham, Ontario, known for contributing significantly to the city’s landscape with several prominent residential and commercial developments. Upon his sudden demise in 2022, he left behind a substantial estate, the management and distribution of which led to a high-profile probate dispute that garnered significant media attention.

At the core of the dispute was the lack of a comprehensive will. While he had left a will, it was outdated, creating significant ambiguity about the distribution of his assets. His estate, valued at several million dollars, included real estate, investment portfolios, and significant business interests. He was survived by his wife, two children, and a grandchild, all of whom laid claim to different portions of his estate, leading to a bitter legal battle.

High-net-worth individuals

The issue was further complicated by the involvement of a stepdaughter from a previous marriage who was not explicitly mentioned in the will.

The courts had to grapple with outdated will provisions, claims of undue influence and coercion, and a lack of clarity around the real estate magnate’s true intentions at the time of his passing. The media picked up the story, highlighting the importance of updated and comprehensive estate planning, especially for high-net-worth individuals.

The second case involved a local celebrity, a famous actress from Markham who had an illustrious career spanning over four decades in film and television. Known for her philanthropy, her demise in early 2023 was a significant loss for the local community. Her estate, which included royalties from her work, real estate, and a substantial collection of art and jewellery, was subject to a high-profile probate dispute that became fodder for the media.

Substantial donation left to a little-known charity

The primary issue, in this case, was the actress’s will, which was found to be executed in an unconventional manner and with certain peculiar bequests. One contentious point was a substantial donation left to a little-known charity, which raised questions about the validity of the will. The suspicion of undue influence over the actress at the time of the execution of her will lead to a legal battle between her heirs and the alleged charity.

Adding fuel to the media fire was the fact that the actress’s most trusted advisor was named as the executor of her will, a position he declined due to the legal controversies involved. The case served as a public discourse on the importance of sound legal advice and due diligence when executing a will, to avoid contentious probate proceedings.

In both instances, the media coverage brought the intricacies of probate law to the public’s attention. These cases served as stark reminders of the importance of clear, comprehensive, and regularly updated estate planning. They highlighted that no matter the size or complexity of one’s estate, professional guidance is indispensable in ensuring one’s wishes are carried out after their passing.

Probate fees and unplanned costs

Your final income tax return, probate fees, and unplanned funeral costs will be due after your death.

Your family could be overwhelmed making these arrangements without direction. They could even be liable for some costs while the estate is being settled.

Then there are debts that need repaying. Does your executor know what to do (or even where your will is kept)? Say you had a mortgage that needed to be kept up until your estate was final.

Could assets be sold or life insurance collected in time to ensure your partner and children keep their home?

Probate Lawyer Markham

Think about your RRSPs, TFSAs, mortgages, and other investments. When you took them out, you listed a beneficiary.

These assets aren’t automatically included in your will. Instead, they may be paid out directly.

Assets you own jointly with business partners may also go directly to a surviving partner. Your family could be blindsided if they thought these assets belonged to them.

Finally, imagine what would happen if your entire family died in a house fire or car accident. The court might have to step in if you failed to think through what to do in this case.

Or you may have family members you don’t want to inherit your estate. You could probably use some help wording that part of your will.

You may not realize it, but the court can set aside a self-made will. The Ontario Superior Court of Justice is usually reluctant to override your final wishes. But it has happened.

Five Reasons Your Will Could Be Invalid

1. Forget to sign your will.
2. Typed your will and signed it.
3. Got remarried.
4. Updated your will.
5. Favoured one heir or a new caregiver.

A will made in Ontario is usually signed by you and two witnesses who won’t benefit from your death. When you use a will kit, this is spelled out. What if you wrote out your will by hand though?

A handwritten will is called a holographic will. The will must be final. In other words, not a draft. And, it must actually dispose of your assets.

This is called “a fixed and final expression of intention” and is based on a 1962 court decision where a family member found a holographic will 17 months after her aunt’s death.

Estates Law In Markham

You must write and sign a holographic will yourself. You do not need witnesses, but your heirs must be able to prove it’s your handwriting. If you forget to sign the will and have no other will, the court will declare your assets intestate.

The court will take over deciding who gets your assets.

Suppose you typed your own self-made will. You signed it but did not have it witnessed. Doesn’t that make it valid? Unfortunately not. The court needs to know you made the will. For that reason, it needs to be handwritten.

Merely signing your own typed will is not enough. And it’s important that all parts be handwritten.

An email or typed list attached to a handwritten will you alone signed is not enough. In this case, only the handwritten part will be valid.

Estate Planning GTA and Probate Lawyer Markham

Your family may be happy that your new marriage worked out. But imagine your ex-spouse’s surprise when your old will is declared invalid. Marriage voids any past wills.

Plans you made for your now ex-spouse automatically vanish when you divorce. A lawyer’s advice can make sure there are no nasty surprises after your death.

Remember that old will you made years ago? You updated it just last year.

Imagine the confusion when your family comes across two wills in your effects, Would they know which one is your last will and testament?

The last holographic will

Hopefully, you signed and dated the last holographic will you made. That is the only version the courts will recognize. If confusion persists, both wills could be set aside.

Courts can be concerned when someone suddenly makes or changes a will before their death. When you are infirm, vulnerable, or elderly, you could easily be on their radar.

A recent case in the Ontario Superior Court of Justice had a happy outcome.

Neighbours of an elderly, disabled couple who eventually became their powers of attorney, and almost full-time caregivers, were awarded over $757,000 for their 20-year commitment to helping their friends.

Probate Lawyer Markham

Their situation turned out well because the surviving wife, her lawyer, and the court agreed on a fair sum.

What courts are on the watch for are heirs or caregivers who could have coerced someone into leaving assets to them.

Your will could be overturned if your other heirs or the court question its contents.

And that’s only the start of the complications that come with making your own will or using a wills kit.

Read more: What Happens When You Die Without A Will?

A lawyer can help you figure out all of your assets and where they will go when you die.

We ask questions about your plans and offer legal advice on how to deal with issues you may not have thought of.

Your will is kept in a safe place and our firm has a copy. We even have options if you need to keep your costs down.

The Top Probate Lawyers In Markham Ontario

In the city of Markham, Ontario, a nexus of commerce, culture, and community, the complex world of probate law is navigated by an array of experienced, dedicated professionals. As we navigate through the delicate subject of estate planning and probate law, there are a few notable individuals who come to mind, each contributing their unique expertise to the complex field.

At the forefront of this specialized area of law is Katherine Deliakis. With a deep understanding of the emotional toll that the process can take on grieving families, Katherine distinguishes herself by providing both legal expertise and compassionate counsel.

She has spent over two decades assisting clients with the challenging task of handling wills, estates, and trusts, providing invaluable guidance during some of the most difficult times in their lives. Katherine’s combination of personal sensitivity and professional knowledge allows her to offer a seamless and efficient probate process for her clients, which has solidified her reputation as a leader in Markham’s legal community.

Unique ability to analyze intricate details

Then we have Elliot Rosenbaum. Known for his meticulous attention to detail, Elliot has established a reputation for helping his clients navigate the complexities of probate law with a thorough, methodical approach. His unique ability to analyze intricate details and anticipate potential roadblocks has seen many families through the often complicated process of estate management.

Elliot’s significant experience, combined with his personalized and comprehensive approach to client service, allows him to simplify the probate process, putting his clients at ease and ensuring that their interests are protected.

Renowned for her extensive knowledge and understanding of tax laws in relation to estates, Monica Lai brings a unique perspective to the table. Her background in both law and accounting has made her an invaluable asset to her clients, particularly those with large estates and complex financial structures.

Monica’s dual expertise gives her a unique perspective, allowing her to guide her clients through estate planning and probate in a way that minimizes their potential tax liabilities. This blend of financial acumen and legal expertise has earned Monica the trust and respect of her clients.

Probate Lawyer Markham Ontario

Another professional who deserves mention is Charles Bennett. His unique selling point is his adept ability in handling international estate cases. Markham is a diverse city with a multitude of connections abroad, and Charles’ expertise in international probate law is unrivalled.

He assists clients who have assets or beneficiaries abroad, deftly navigating the interplay between Canadian and international probate laws. Charles’ vast knowledge of the different international laws makes him a crucial ally for those dealing with overseas estate issues.

There is also Annika Ashton. Annika’s deep understanding of family law brings a unique touch to her probate practice. With a particular focus on cases where probate law intersects with family law, such as disputed wills or complex blended family situations, Annika is known for her ability to navigate these delicate cases with a keen sense of diplomacy and respect for the emotional needs of all parties involved.