General Legal Services

Posts by K.L. Robichaud

What is a Memorandum to a Will?

By on Aug 1, 2017 in Wills and Estates

What are they? They are a special document that goes with a will They are used to give personal possessions to loved ones; they are useful for letting an Estate Trustee know who you want to receive certain items There are two types of Memoranda (not the technical terms): Discretionary Mandatory The differences are: The main difference between the two are that the “Mandatory” kind is referred to in the will and must be attached to the will to be able to probate the will What I call a “Discretionary Memorandum” is also usually referenced in the will, but, if it is, special wording is included in the will to clarify that it does not have to be attached to the will for probate purposes Why do people care about them? Testators often have deep personal attachment to personal possessions Some people have heirlooms like a Rolex, grandfather clock, rings, or other jewellery that has been passed down from generation to generation Some items are valuable: • Stamp collection • Sports memorabilia • Tools • Musical equipment and musical instruments Estate trustees generally appreciate the guidance that they receive through a Memorandum Personal possessions are often the most difficult to deal with and raise questions like: • Do I sell the item? If so, how? • Do I give the item away? • Do I throw the item in the garbage? • Do I value the item? If so, how do I value it? Tips for Preparing a Memorandum Call the document “Memorandum” Write your name on it State the date that it is written Sign it Identify each item as clearly as possible and put the full name of the person who is to get the item and what the person’s relationship to you is If you have an appraisal of an item that you refer to in the Memorandum, put the appraisal with the Memorandum Take photos of the items and put the photos with the Memorandum with the name of the item and recipient on the back of the photo Send a copy of the Memorandum and any updates to the lawyer who prepared the will If making a second Memorandum, state whether it is to...

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Title Insurance – A Quick Summary of Residential Title Insurance in Ontario

By on Apr 26, 2017 in Real Estate Law

There are 5 companies offering title insurance in Ontario. They are: • TitlePLUS • Chicago Title Insurance Company • FCT Insurance Company Ltd. (Carrying on business under the name First Canadian Title) • Travelers Guarantee Company of Canada • Stewart Title Guarantee Company of Canada TitlePLUS title insurance is the only all-Canadian title insurance product currently available in the market. It was developed by Lawyers’ Professional Indemnity Company (LAWPRO®), a Canadian insurance company and subsidiary of the Law Society of Upper Canada. TitlePLUS includes coverage for the legal services provided by the lawyer in the transaction. It is part of the standard policy. Stewart Title provides an additional coverage at an additional cost that might cover solicitor errors. FCT is licenced to provide legal services coverage, but, there is an additional annual premium that must be paid by the lawyer who acts for you and not all lawyers participate in the program. It is not part of the standard policy coverage. To see some examples of when and how legal services coverage might come into play, you may wish to read the article by Bob Aaron that was published in the Toronto Star on April 24, 2013. The link is below: • https://www.thestar.com/life/homes/2013/05/24/some_title_insurance_is_better_than_others.html If you would like to find out more about each of the insurance companies and how they compare, you can go to each of their websites and find out about more about each one. You may also be able to request quotes for each one online. The links are listed below: • www.titleplus.ca • www.chicagotitle.ca • www.fct.ca • www.travelerscanada.ca • www.stewart.ca Most lawyers will not look after doing a detailed comparison of each insurer in terms of cost and coverage specifics for a purchaser client without charging additional fees. You can also get some additional information about title insurance by reviewing the following document entitled “Understanding Title Insurance” prepared by the Financial Services Commission of Ontario: • https://www.fsco.gov.on.ca/en/insurance/brochures/documents/undstitins.pdf If you decide not to get title insurance and to get an opinion on title instead, it will be important to let your lawyer know that is your preference as early in the transaction as possible since additional searches will be required. The searches take time to request,...

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Office Space for Rent on Manotick Main Street

By on Mar 30, 2017 in General Information

Shared office space to rent in charming house on Manotick Main Street. You can rent a room for your professional services business. The space is ideally suited for a young or new lawyer looking to start his or her own practice while having the benefit of access to a senior lawyer and some possible referrals. It is also suitable for a lawyer with an existing practice working from home and wanting office space at a reasonable cost outside the home. You will have the convenience of having someone available during regular business hours to receive packages or leave the ones you want to send. You will have access to a shared kitchen. Your clients can wait in the lovely reception area. Storage space may be available if needed. Use of the Boardroom can be arranged depending on your needs. Signage is also...

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What happens to insurance proceeds if the designated beneficiary dies?

By on Mar 21, 2017 in Wills and Estates

A person who purchases life insurance is called the policy holder or policy owner. Life insurance policies typically allow the policy holder to designate a beneficiary to receive the proceeds of the insurance when the person dies (assuming the life that is insured is that of the policy holder). In some cases, an alternate can also be selected, but, what happens if there is no alternate? Does the insurance go to the estate of the beneficiary; the estate of the policy holder; to the government? You may be happy to know that the insurance money does not go to the government. It goes to the estate of the policy owner. If the policy owner had a will, the insurance will be distributed according the will. If the policy holder did not have a will, it will be distributed according to the Succession Law Reform Act, R.S.O. 1990, c. S.26 (SLRA) provisions that deal with distribution of intestate estates. The SLRA provides for a hierarchy of beneficiaries that start with the spouse and children of the deceased at the top. Note that it is only married spouses who inherit pursuant to the SLRA, not common law spouses. Note that this article is intended to provide general information with respect to Ontario Insurance policies of people who live in Ontario who have beneficiaries who also live in Ontario. For information specific to your particular circumstances it is important to consult with a lawyer in your particular jurisdiction about your particular...

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Powers of Attorney for Property and Personal Care what they are and how they differ

By on Mar 28, 2016 in Wills and Estates

Powers of Attorney for Property are used to give someone else authority to deal with your property and your obligations with respect to Property Powers of Attorney for Personal Care are used to give someone authority to deal with matters related to your health and personal care and can also be used to express your wishes in that regard The Substitute Decisions Act, 1992, S.O. 1992, c. 30 and the Health Care Consent Act, 1996, S.O. 1996, c. 2, Sch. A are both important pieces of legislation in Ontario in terms of the law with respect to decision making for a person who is not legally able to make decisions for themselves and for setting out the formalities of what to do to have someone else put in place to make decisions on your...

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