Halcyon Legal
460 West Hunt Club Road, Suite 206 K2E 0B8 Ottawa, ON, Canada

Many people feel the need to better prepare themselves in the wake of a pandemic that was sudden and unprecedented. A Will prepares your survivors to execute your wishes with clarity and ease. Settling an estate of any size is challenging but it is even more so without a current Will. When we create Wills we also include a free Living Will that outlines your directions for medical care should you be incapacitated. This is also something you do for the ones who will be respon...sible for helping you. And, we accompany every Will with a free copy of In Case of Emergency, a preparedness kit that will help you but also help those who might need to access your critical information to assist you. Getting your affairs in order is perhaps the best gift you can give to those people you entrust to manage your affairs. #halcyonlegal #ottawa #professional #lawyers #wills #poa #prepared #legacy

Out with the old and in with the new! All the best to you and yours for 2021! #happynewyear #2021 #halcyonlegal #ottawa

We have a gift to help you with that resolution! With every Will we create we provide a copy of In Case of Emergency, a preparedness tool that helps you to collect all of your critical documents in one place. Many of us resolve to get our affairs organized but are not entirely sure how to go about it. In Case of Emergency not only gives you a place to put all off your important documents, it also tells you what to include and gives you tips on how to be better prepared for an emergency. Did you know you can set your smart phone so that first responders can access your emergency contact information if you are unconscious. This kit will show you how. Resolve to have a Will created and we will give you the gift of being prepared. #halcyonlegal #wills #incaseofemergency #resolutions #ottawa

Who gets this? Exotic pets You may have many friends or relatives who would be happy to take your dog Sparky or your cat Fluffy, but who is going to take care of your 14-foot python Lucy, if you die. Not everyone is a snake person. Even large aquariums of exotic fish are beyond the ability of many to care for. And, most zoos and wildlife sanctuaries can’t and won’t take them. Releasing them into the wild is NOT an option. You either need to identify a private sanctuary t...hat will agree to take Lucy upon your passing or, and this is more likely, you need to ensure Lucy passes when you do by directing her euthanasian in your Will. #wills #wishes #poa #legal #lawyers #professional #petcare #welovesnakes #halcyonlegal #ottawa

Did you know Different cultures handle death differently Funeral and bereavement practices vary widely among cultural groups but so do the laws governing the disposition of one’s estate. For example, the personal law of every religious sect governs the disposition of and succession to an individual’s property and assets in India. When people from India immigrate to Canada, they generally do not know that their estate is now governed by a different set of laws. That being said, a Will can usually be fashioned under Canadian law that will reflect their wishes and practices. It just takes knowledge and sensitivity. #wills #poa #wishes #religion #culture #sensitive #law #professional #lawyer #halcyonlegal #ottawa

Who Gets This? Social Media Accounts Almost everyone has some combination of Facebook, Instagram, Twitter or other social media accounts. When a person dies, those accounts usually remain dormant although Facebook allows you to identify a legacy contact who can memorialize the account and leave it as a lasting reminder for friends and family. Look at the options for dealing with your various social media accounts and put your wishes for those accounts in your Will. If you don...’t want that content living long after you do, put that in writing. #wills #poa #legacy #socialmedia #halcyonlegal #professional #attorney #lawyer #ottawa

Emails We know infinitely more about the lives of historical figures like George Orwell, Oscar Wilde and Winston Churchill because of the letters they wrote and received. Today, one’s correspondence is generally archived on an email account and, given Gmail provides 15 gigabytes of storage with every free account, many of us never bother to delete anything. If you want your digital literary past deleted, make sure you put that in your Will. #wills #poa #email #digital #delete #wishes #whosjob #legal #protection #digitalfootprint #professional #halcyonlegal #ottawa

Six Benefits of Incorporating Your Real Estate Practice Ontario is now allowing agents to create Personal Real Estate Corporations or PRECs. The benefits are many: Instead of paying tax at a top marginal rate of 53%, the corporate income tax rate on the first $500,000 of income will be 12.2%, Income splitting with spouses and adult children involved in the business to reduce overall tax burden Costs of establishing a PREC are income tax deductible... Potential to avoid paying CPP costs of $5,796 per year Improves estate and retirement planning by paying less tax and investing more in your future More funds left in the business for marketing, hiring additional staff or investing #realestateprofessional #realestate #incorporation #taxdeductable #lawyer #professional #ottawa #halcyonlegal

Resolve to resolve your estate properly For many, the holidays are a time to take stock and consider the future. As we gather with family, even virtually, we are reminded of our connections, responsibilities and our own legacies. If you are going to make any New Year’s resolutions, resolve to have a Will created or to update your Will if your situation has changed. A Will is really the only way to maintain control of your legacy after you’re gone, and it is easy and quick to secure. #wiils #poa #legacy #family #protection #legal #professional #ottawa #halcyonlegal

Lest we forget. Thank you for all your sacrifices #remembranceday2020

Who gets this? Loyalty rewards Many people collect loyalty rewards from programs like Air Miles or Aeroplan or even on their credit cards. Some of these rewards can be bequeathed to a beneficiary or even donated to charity (Air Miles allows this, Aeroplan does not, for example). Read the rules for all of your rewards programs and detail what you would like done with these rewards in your Will. #heresathought #loyaltyprograms #beneficiary #wills #poas #legal #professional #lawyer #attorney #halcyonlegal #ottawa

Real Estate Agents Can Save Real Money On Taxes Ontario is now allowing agents to create Personal Real Estate Corporations or PRECs. These new entities can allow real estate agents to defer personal income tax and pay a lower corporate income tax rate. The benefits to PRECs are many but setting up a PREC can be complicated and there are a number of requirements that need to be met. It is important to hire a legal professional to assist with the process and we are here to help. #realestate #realestateagent #savetax #incorporate #legal #halcyonlegal #professional #lawyer

HAVE YOU THOUGHT ABOUT... what happens to the family cottage after youre no longer here? Avoid family disagreements, put your wishes in place with a professionally prepared will. #will #poa #professional #lawyer #attorney #legacy #family #wishes #estateplanning #memories #ottawa #lawfirm #halcyonlegal

November is Make a Will Month The Ontario Bar Association established November as Make A Will Month some years ago to increase the public’s awareness of the importance of having a current, legal Will. As our professional organization, the OAB also has the mandate to promote the importance of having a lawyer prepare you will and related documents to ensure they are accurate and legally binding. This is not just a self-serving promotion of the legal profession. I have seen many instances where D-I-Y Wills were challenged or failed to account for important aspects of the individual’s estate. Given these difficult times, it has never been more important to make sure your wishes for your estate and your care are clearly set forth in legal documents. #wil #poa #november #makeawillmonth #legal #professional #ottawa #halcyonlegal

4 Tips When Picking a Guardian for Minor Children: 1. Do it early The earlier you name a guardian who knows your wishes, the less difficulties there will be in the transition.... 2. Think Long-term If one or both of your chosen guardians passes away or becomes unable to perform as a guardian, you should have legally recognized alternates. 3. Be specific If you have a specific school in mind for your children or you want them to be raised to the age of majority in a particular faith, you should include these directions in your Will and your guardianship document. 4. Dont necessarily pick someone just because your kids like them. If your kids are of an age where you can consult them on a choice for guardian do not just pick a person they like. Ask yourself: does this person have good parenting skills? Do they live in a place I would want my children to live? Do they have the financial means to care for the children? Do they share your beliefs/values? Are they young enough to parent the children to the age of majority? (grandparents can sometimes be a dubious choice if they are older and they may have less appreciation for the childrens generation given the age difference) #wills #poa #professional #lawyer #attorney #momottawa #ottawa #finalwishes #guardians #childcare #assets

Who can have a Health Care Directive? Generally, any person who has the ability to understand information that is relevant to the making of a personal care decision and can appreciate the consequences of a decision or lack of a decision may make a health care directive and a power of attorney for personal care. However, the following age requirements also apply: Alberta - at least 18 years of age; British Columbia - at least 19 years of age; Manitoba - at least 16 years... of age; New Brunswick - at least 19 years of age; Newfoundland and Labrador - at least 16 years of age; Northwest Territories - at least 19 years of age; Nova Scotia - at least 18 years of age; Ontario - at least 16 years of age; Prince Edward Island - at least 16 years of age; Saskatchewan - at least 16 years of age; and Yukon Territory - at least 16 years of age. #POA #will #healthdirective #ottawa #professional #lawyer #attorney #wishes #finalwishes

Health Care Directive You Need One Should you suffer from an accident or illness, you may not be able to communicate the type of treatment you wish to receive or not receive. If you have signed a health care directive, your health care wishes will be clear, and no guess work will be required by your attorney. #POA #will #healthcaredirective #professional #laywer #attorney #ottawa #wishes #protectingyourfamily

Guardianship for minor children It is not a pleasant conversation, but you really should declare your wishes as to how you want your children to be taken care of should you not be able to do so. Naming someone a God Parent does not make them a legal guardian for your children. I have also seen cases where one parent assumed his parents would take care of the kids and his wife assumed her parents would be the guardians which resulted in a protracted court dispute. You may ha...ve a Will, a Power of Attorney and even a Living Will, but these all relate to your wishes for yourself and your estate. The decision as to who will be the guardian for minor children is actually left to the courts however, naming a guardian in your Will does carry a lot of weight with the courts and even more so if you include an explanation as to why you chose the person or persons you named. #guardian #minors #wishes #protectyourfamily #backtoschool #pandemic #covid19 #will #POA #livingwill #professional #lawyer #attorney #ottawa #ontario

Living Wills Are Essential for the Living Wills lay out your wishes for your estate once you have passed away. A Living Will sets forth your wishes regarding the kind of medical care you wish to receive if you are incapacitated and cant convey your wishes. Typically, a Living Will outlines your preferences concerning life-sustaining medical treatment such as ventilators and feeding tubes. Only about one-third of Canadians have any form of a Living Will. Part of the reason fo...r this is fear. People are afraid to decline life-sustaining treatments for fear that, if the time comes that they need it, they might feel differently. One way to mitigate this concern is to give someone your Healthcare Power of Attorney. This is a legal designation in which you appoint someone to make healthcare decisions for you if you are unable to do so. If you combine a Living Will with a Health Care Power of Attorney, you can build in a sort of failsafe to your directive. It is also the case that you can keep your Living Will and your attorney for personal care up to date on your thoughts concerning your treatment, so they are always prepared to make the best decision on your behalf. You need to plan not only for end-of-life but also for how you want your life to end. Leaving the choice to your family or friends is potentially unfair to them and can cause significant difficulties and guilt if there is disagreement. #wills #livingwill #POA #healthcare #ottawa #ottawavalley #pandemic #prepared #covid19#avoidfights #familyfeuds #familyplanning #attorney #takecareofyourfamily #planning #professional #laywer #halcyonlegal

Having a current Will is just one aspect of properly preparing your estate. There any number of financial strategies that you can employ to limits estate taxes, avoid probate or mitigate capital gains for your heirs. You will also need to choose an executor and most people choose and family member or friend. Know that by choosing an executor you are asking them to assume an often-difficult task that can also involve personal liability for them. Whomever you choose, you shoul...d try to make their job easier by ensuring that all of your critical documents a up to date and collected in one place. We help all of our client for whom we do a Will by providing them with In Case of Emergency. This is a preparedness tool that gives valuable direction on which documents to assemble and which need to be originals because many government and business entities dont accept copies when it comes to settling an estate. We provide In Case of Emergency for free to all of our Will clients because we want them to be prepared for any emergency now and to make their executors job much easier. #wills #POA #endoflife #endoflifeplanning #ottawa #ottawavalley #prepared #incaseofemergency #executor #covid19 #finalwishes #avoidlegalissues #familyplanning #estateplanning #attorney #takecareofyourfamily #planning #professional #laywer #halcyonlegal

I am, of course, biased when it comes to having Wills professionally prepared versus the do-it-yourself kind, but there are very valid reasons for using a professional. I have seen families descend into anger and litigation because a do-it-yourself Will failed to account for assets or was too vague in its direction. You may think your estate is small and simple to divide but if your Will is not executed properly it can be subject to challenge. It is also true that people oft...en dont identify all of their assets. There have been cases where people had a significant amount of points with various rewards programs and neglected to account for them in their Will. Then there is the fact that legislation regarding estates gets changed frequently as governments try to grab more from estates that are left unprotected. Having a Will done professionally is not overly expensive and generally far cheaper than the legal fees that will arise from disputes. #wills #POA #endoflife #endoflifeplanning #ottawa #ottawavalley #prepared #willkits #covid19 #finalwishes #avoidlegalissues #familyplanning #estateplanning #attorney #takecareofyourfamily #planning #professional #laywer #halcyonlegal

I have talked previously about the importance of sharing your final wishes with your family and addressing any issues that arise. Here are five tips for having that conversation: 1. If you are unsure of how to explain your reasoning, start by having the conversation with yourself. 2. Choose a location where everyone will be comfortable. Perhaps the family home or a favourite spot.... 3. Write down the key points you wish to convey. 4. Decide if you want a group conversation with all of your heirs or one-on-ones with each. 5. Be prepared to listen and address all concerns with patience and understanding #wills #ottawa #ottawavalley #pandemic #prepared #covid19 #finalwishes #specialgift #prizedpossessions #avoidfights #familyfeuds #familyplanning #attorney #takecareofyourfamily #planning #professional #laywer #halcyonlegal

Most people think that their family will amicably divide their estate upon their death. Unfortunately, even the closest of families can experience conflict if the wishes of the deceased are not clearly spelled out. I have seen legal squabbles erupt over a twenty-dollar item. A more common situation is a child who becomes the caregiver for a parent and feels they are then entitled to more than the parent bequeathed them when they were still healthy. The only way to ensure your... wishes for your estate are legally binding is to keep a current Will at all times. If your situation changes in a way that changes how you want your estate divided, update your Will to reflect those changes. It is also important to tell your heirs what you have set forth in your Will and deal with any issues before you are no longer around to explain your reasoning. #wills #ottawa #ottawavalley #pandemic #prepared #covid19 #finalwishes #specialgift #prizedpossessions #avoidfights #familyfeuds #familyplanning #attorney #takecareofyourfamily #planning #professional #laywer #halcyonlegal

It is a thought that no parent wants to contemplate; who will care for my children if something happens to me? When selecting a guardian to take care of your children, what do you need to think about? Do they share your beliefs? Are they financially and emotionally stable? What are their parenting skills like? Naming people as Godparents does not give them the legal right to be guardians for your children. Neither is it true that grandparents, from either side, automatically have a legal right of guardianship. The only way to legally convey guardianship is to have a current Will and Power of Attorned that conveys your wishes with regard to your children. #wills #ottawa #ottawavalley #pandemic #prepared #covid19 #finalwishes #familyplanning #attorney #kids #POA #takecareofyourfamily #planning #professional #laywer #halcyonlegal

Who will take care of your affairs if something happens to you? Will the same person handle your finances and your healthcare decisions? Even if you want your spouse to handle your affairs, they still need to know what your wishes are and have the legal right to execute them. That is why a current Will and Power of Attorney (POA) are essential. Your Will contains your wishes for your estate, but your Power of Attorney assure that your designate has the legal authority to ma...ke decisions on your behalf. You should also have a Living Will that stipulates your wishes should you become physically or mentally incapacitated. Many people put off having their Will and POA created because they feel they have plenty of time to address such issues. A global pandemic that has affected over 21 million people thus far suggests otherwise. #POA #health #healthdecisions #financial #financialdecisions #wills #ottawa #ottawavalley #pandemic #prepared #covid19 #finalwishes #estateplanningattorney #livingwills #planning #professional #laywer #halcyonlegal

The COVID pandemic has demonstrated the importance of being prepared. Even without a global crisis, it is always important to have a current Will that details your wishes for your estate. It is also important that your Will be professionally prepared because D-I-Y Will kits can lead to errors and omissions. You may never know there was a mistake in your Will, but your family will know. Professionally prepared Wills can cost as little as $750 for a couple and they can typically be updated for $250 or less if your situation changes. It is one of the best investments you Will ever make. #wills #POA #ottawa #ottawavalley #pandemic #pandemiclegacy #prepared #covid19 #wishesoftheheart #finalwishes #estateplanningattorney #estateplanner #professional #laywer #halcyonlegal

What happens if you die without a will in Ontario? I am sure that you have heard that ad on the radio for a will kit that says, "Well the government decides where my assets go". Not quite but not entirely wrong either.... In Ontario if you die without a will your assets are distributed to beneficiaries in accordance with the Succession Law Reform Act. Whew! No worries right? Wrong, especially if you are married with children or are living in a common law relationship. If you are married with children the Act says that your assets get divided between your surviving spouse and children. Your spouse gets the 1st $200,000 of your estate (preferential share) and then if you have 1 child, your spouse gets 50% and your child gets 50% of the balance. If you have 2 children it is worse, your spouse gets 33% and your children divide 66% of the balance. Also, they are entitled to that money when they turn 18! Not good. It is worse if you are living common law. Your surviving partner has no entitlement to your estate under the Act. What?! Yup, zippo. So where does your assets go then? If you have children and it will go to them. If you have no children then it goes to any surviving grandchildren. If you have no surviving grandchildren then it goes to your surviving parents, no surviving parents then to your siblings, no surviving siblings then to your surviving nieces and nephews, no surviving nieces and nephews to any surviving next of kin (e.g. cousins) by degree. And if you don't have any next of kin - the government finally gets your assets. Really not good for your surviving partner is it? This is one of many important possible reasons that you should get your will done as soon as possible by a legal professional. Book your free no obligation initial consult (in person or by phone, whichever you prefer) today!

What happens when you die with debts? This is a question that is coming up more and more as the cost of living keeps rising and people are having a difficult time making ends meet especially seniors. Many are concerned that their children will become responsible for paying their debts after they die. The goods news is that this is simply not what will happen in most cases. If you die with debts those debts do not become the responsibility of your survivors, e.g. your childr...en. They are the responsibility of your estate. If your estate has insufficient assets to satisfy those debts then your estate is insolvent/bankrupt. Your creditors cannot look to your children or executors to satisfy those debts. There is an important exception to that and that is if your children or survivors agree, in writing (for example, co-signing on a loan), to be responsible for those debts then they will be after the person passes away. What about the cost of your funeral? Normally the cost of this gets paid even before your creditors will get paid provided that the cost of the funeral is reasonable. Last but not least it is important to note that in most cases life insurance proceeds, provided that there is a beneficiary other than your estate named on the policy, will not become subject to the claims of creditors either. Those proceeds will be payable directly to the named beneficiaries on the policy and by-pass your estate entirely. If you need help with your estate planning needs including writing a will or putting in place powers of attorney, please do not hesitate to contact us.