Are You Prepared to be Left Behind or to Leave Your Loved Ones Behind During a Pandemic?

Pandemic or not, illness and death hovers around us. It is the most consistent event in the world — a loved one’s passing.

Recently, because of the Covid-19 crisis, there was a demand on the drafting of Wills, Powers of Attorney for Property, Powers of Attorney for Personal Care, and Health Directives. Such is an understandable human reaction to a crisis. When something bad is looming, we all are quick reactors to at least try to be as prepared as we possibly can.

However, AJ LAW LLP, even before the on-set of the Covid-19 pandemic has been preparing to render its legal service with regards to Estate Law and Wills to you. Hence, we are well aware that aside from the drafting of Wills, Powers of Attorney for Property, Powers of Attorney for Personal Care, and Health Directives, there exists numerous instances when an Estate Lawyer’s assistance and guidance is needed by a person left behind. Notwithstanding the pain that shadows a death of a loved one, these are several occasions when an individual would need to Challenge a Will and retain an Estate Lawyer.

AJ LAW LLP can help you in any of these usual instances of contesting a Will:

A Will That Was Improperly Executed

A Will may be challenged if it was not duly signed or witnessed. The Succession Law Reform Act provides several formal requirements to be observed for a Will to be held valid.

There was Undue Influence on the Testator

Any undue influence and/or improper pressure on a Testator making a Will may potentially invalidate his Will. A Testator should be unrestricted by undue influence whilst crafting a Will so that his or her decisions with regards to his or her properties would be accurately showed in the Will.

The Testator Lacks Testamentary Capacity

Sufficient mental capacity at the time of the writing of the Will is necessary. Without capacity, the beneficiaries can contest the Will. Mental capacity can be challenged when, for example, the Testator is suffering from a mental illness when he or she was writing the Will. AJ LAW LLP’s Estate Lawyer may assist you in gathering the documentary evidence you would need to file your claim.

The Estate Plan Was Outdated

If a Will was made prior to the birth of a child/ren or grandchild/ren, and the Will contains provision leaving some bequests or gifts to children and/or grandchildren which were born previously but does not state the new children or grandchildren, the Will can be contested.

Ambiguous Will

There are times, when a Will was drafted to mean one thing but ends up being misinterpreted to another thing. This is mostly because of inappropriate drafting, when Wills were written without a lawyer’s assistance, or when there was insufficient legal knowledge when the Will was written. AJ LAW LLP can help you draft your appropriate Will.

A Beneficiary Was Improperly Designated

A legal issue has a possibility of occurring should the designation or the beneficiary is different from the declaration of a beneficiary in a pre-existent written agreement between the deceased and a third party, in his or her insurance policy, or in his or her RRSP.

Beneficiaries Were Treated Unequally

If you are a beneficiary who is anticipating to get an object or a certain amount from the deceased/ testator but did not receive what you were supposed to or you have received less than what you have expected, you may contest the Will’s validity.

A Dependant Was Provided Insufficient Support

Dependants could mean minor children, children who are studying post-secondary education, disabled minor or adult children, dependent spouses or common law spouses, and persons who have been financially dependent on the Testator. Regardless of the deceased decision with regards to his properties, gifts and bequests, his dependants should always be taken care of.

If you are a dependant and you want to determine if you may be entitled to more than what a Last Will states, you can book an appointment with an AJ LAW LLP Estate Lawyer.

Let us help you prepare for probably the worst period of your lives by contacting us and letting us assist you in your Estate Law and Wills concerns.