Law Office Of Hamid Farooq
57 Village Centre Place, Suite 300 L4Z1V9 Mississauga, ON, Canada

Getting Your Will in Order In addition to Family Law, Hamid Law Office is proud to be able to create and update Wills and Powers of Attorney for you and members of your family. A Will is one of the most important documents a person can ever prepare. So it is alarming to consider how many people do not have one.... Why does everyone need a Will? There are several answers to this question, but here are a few important reasons to consider: Control of Your Estate A Will, which only comes into force upon your death, is a legal document wherein you can dictate how and to whom your assets are to be distributed. Anyone who dies without a Will is automatically forced to follow legislation governing these matters. By not having a Will, you are, in essence, surrendering control to the courts and/or government, and allowing them to decide how your estate will get divided among your heirs. The governments’ legislation will also dictate who your heirs will be. Nomination and Appointment of an Estate Trustee One of the most important clauses in a Will is the nomination and appointment of an Estate Trustee. The Estate Trustee, typically a loved one, is the person responsible for dividing the estate and who will look after your affairs once you pass on. No estate can be distributed without the appointment of an Estate Trustee. By preparing your Will in advance, you get to determine who you wish to appoint as Estate Trustee. Delays and Cost When someone dies without a Will, their family is obliged to commence a court action and seek an order from the court appointing someone as the Estate Trustee. Until an appointment is ordered by the court, all of your assets will be frozen. This process usually causes many delays as family members will have to follow court procedures and timelines. This can cause headaches to family member who are left struggling to deal with the deceased’s estate. All of this aggravation is preventable as long as you have a Will and have appointed an Estate Trustee. Commencing a court action also leads to legal fees. By preparing a Will you will be saving your estate, and loved ones, avoidable costs. Children To all parents with minor children, it is crucial that you prepare a Will. In your Will, you must address significant details such as who will be the guardians of your child(ren) and how their inheritance should be managed and used. Another important point to consider is that, according to law, children are entitled to control any inheritance at the age of eighteen. By preparing a Will parents have an opportunity to dictate how the inheritance is to be distributed amongst their children and at what age. Many parents consider eighteen to be too young to manage an inheritance and therefore decide to choose a more appropriate age.

Family Law Court Procedure The Family Court Rules The Ontario Family Law Rules are the governing procedural rules for family law matters. The primary objective of these Rules is to deal with cases justly so that all parties are treated equally and fairly. The Rules are designed to encourage the parties to settle matters prior to trial by holding multiple conferences before a judge, for the purposes of identifying the contentious issues, the evidence and exploring the possibil...Continue reading

Family Law Court Procedure

died Without a Will If you die without a Will, the law says that you have died "intestate," which means that you left no instructions as to how your property is to be divided and distributed. In these circumstances, the Ontario Succession Law Reform Act governs how your property will be distributed to your surviving relatives. Even if you want your property divided according to provincial law, you should still have a Will because it will reduce delays and expenses involved in wrapping up your affairs

Importance Of Will Every adult who owns assets or has a spouse or young children should have a will. Surprisingly, many people don’t have one. The few hours that you spend with a lawyer planning your estate could save your spouse, children and other beneficiaries much time, effort and money. By not having a will, you lose control over who gets how much of your estate and when. You also give up the right to appoint a guardian of your choice for any young children you have. And the costs to administer your estate will be drastically increased