What should I know about my Will if I am getting remarried?
Your Will and Remarriage
The hit series Golden Girls ended when Dorothy Zbornak, after years of unsuccessful relationships was swept off her feet by a dashing man named, Lucas Hollingsworth. Lucas played by the late Leslie Neilson and Dorothy played by Bea Arthur. Two legendary actors.
Dorothy and Lucas wed, thus causing Dorothy to move away with Lucas. What if, Dorothy lived in Ontario and had a Will prior to marrying Lucas?
Dorothy had children from a previous marriage and an ex husband, Stan Zbornak. If Dorothy had a Last Will and Testament it would be revoked on her marriage to Lucas. Shortly, after if Dorothy died without a Will her passing would be intestate. Therefore, according to Ontario law, Lucas would stand to inherit the first $200,000 of her estate with the bulk distributed amongst her two children Michael and Kate.
Technology and healthcare are causing people to live longer. Therefore, the scenario between Dorothy and Lucas is not all that uncommon. A Will being revoked on marriage leaves the door open for exploitation. Particularly, if the testator can be emotionally lured or intimidated. However, in many cases it seems the testator is actually wooed by the new partner.
Dorothy was so smitten by Lucas, she would have done anything.
It would be wise for those looking to get remarried to consult a Wills and Estates Lawyer. Preventive measures should be implemented to protect the testator and his or her estate from harm.
It would be wise to:
- Plan effectively and consult with a Wills and Estates Lawyer;
- Weigh your options with respect to title and ownership with your new spouse;
- Consult with a financial planer;
- Consider your options with your beneficiaries.
The above can be effective in reducing further estate litigation. However, a serious issue is whether or not the testator particularly if they are older have the legal capacity to enter into the marriage.
I will discuss that in another blog entry.
If you would like to speak with a Wills and Estates Lawyer in Burlington then please call my office. I also provide legal services in Halton, Hamilton and Milton.
PH: 416-505-4901
Address: 901 Guelph Line, Burlington, Ontario
How can a Will be revoked?
A Will can be revoked by the testator. It can be revoked if there is a new Will. In this situation the testator should demonstrate and declare their intention to revoke in the new Will.
A Will can also be revoked if the testator burns, tears or destroys the Will or by another person in his or her presence with directions regarding the intend to revoke.
Marriage can also revoke a Will. Unless, a declaration is made in the Will in contemplation of marriage. In the alternative, the surviving spouse may elect to have the Will be considered valid. This election is to be done in writing and filed with the Office of the Estate Registrar within one year of the death of the testator.
Most folks are surprised to learn that a subsequent new marriage revokes their Will. It is not uncommon for an estate to be contested by a deceased testators’ children from a previous marriage against a new spouse. In this scenario, if the testator had a Will particularly one that was drafted many years earlier then the subsequent second marriage will revoke the Will.
At law the estate will be treated as though there were no Will, in other words intestate. This results in the new spouse inheriting the first $200,000 of the estate. The remainder is then to be distributed amongst the children.
If you would like to speak to a Wills and Estates lawyer please call my office: 416-505-4901
I am local in Burlington and Oakville.
901 Guelph Line, Burlington, Ontario
What is Mediation?
What are the benefits of Mediation?
I am a lawyer in Burlington, Ontario and I am pleased to provide mediation services to Halton Region.
I’ve blogged about common issues and or questions such as, what you should consider when borrowing or loaning money to a friend or how court should always be the last resort.
In this entry, I would like to discuss the benefits of mediation.
Mediation in many civil court cases is mandatory. Mediation is often mandatory with many tribunals as well such as, the Ontario Human Rights Tribunal and the Ontario Labour Relations Board.
Many legal cases whether being complex or simple often settle through mediation. Mediation is a great way to reduce legal costs, time and emotional stress.
I provide cost effective mediation services.
If you would like to know how mediation can be used to settle your dispute. Then please call my office.
PH: 416-505-4901
Address: 901 Guelph Line, Burlington, Ontario
What is a Discovery?
Examination for Discovery
In a civil lawsuit a Discovery is a mandatory process for cases over $100,000. However, Discovery is optional for cases under $100,000.
Prior to a lawsuit parties will often have had some interaction(s) with each other. Whether its over a breach of contract, a car accident or a wills and estate dispute the parties would have known each other through negotiations, emails and or meetings.
However, once civil litigation starts the parties would likely have only communicated through their lawyers. Therefore, Discovery is an opportunity to hear the parties evidence.
How long will the Discovery be?
Civil lawyers will schedule Discovery of all parties. The duration of the Discovery can really depend on the subject matter and complexity of the lawsuit. It an also depend on the individuals themselves and at times even the lawyers.
An experienced lawyer will prepare their client thoroughly, with what to expect and how to respond.
Discovery does not end the lawsuit. Nor does it take place in a courtroom. Subsequently, the process after a Discovery can take many months. Finally, in some situations there can be additional Discoveries of the same parties.
If you are looking for a civil litigation lawyer in Burlington or Oakville call today.
PH: 416-505-4901
Address: 901 Guelph Line, Burlington, Ontario
Address: 901 Guelph Line, Burlington, Ontario
Parental Alienation
I am an alienated parent.
Parental alienation is a terrible scenario where the custodial parent refuses access to the non-custodial parent. The most tragic of parental alienation cases are the ones where the custodial parent effectively brainwashes the child either intentionally or unintentionally.
Children in many of these situations end up developing a hatred for the non-custodial parent. In many family law courts custody is often granted to the mother. Many fathers have voiced complaints about being alienated from their children.
In some situations father’s can end up fighting for years in court and paying child support and spousal support to still never have an opportunity to see their children. In addition, having to pay a heavy legal bill with no real results.
One of the problems in these family law cases is lawyers who are unfamiliar with parental alienation.
PARENTAL ALIENATION LAWYER
If you are an alienated parent then please call my office law office in Burlington to discuss your family law options.
PH: 416-505-4901
Address: 901 Guelph Line, Burlington, Ontario
Why do I need a Will?
I don't have a lot of assets do I still need a Will?
People ask why they need a Will. It's recommend that individuals consult with an experienced Wills and Estates Lawyer.Â
Often, people are afraid of thinking about a Will, and that’s natural. Thinking of our own mortality is a difficult concept. To imagine a world in where we will no longer be here and that life continues on without us. However, an improperly drafted Will or lack thereof, can result in serious issues for any surviving dependents and loved ones. You don’t need to look further then estates courts to understand the catastrophic implications of an improperly drafted Will or no Will at all.
A properly drafted Will can assist with financial and tax planning. It can also provide guidance for any potential issues related to health and sickness.
A properly drafted Will can assist in the distribution of an individuals’ estate. It can also ensure that your loved ones are taken care. You also have the ability to establish a legal trust for your loved ones.
One of the most significant reasons to have a properly drafted Will is to avoid escheat. The concept of escheat is a legal doctrine that could result in your property becoming the property of the state.
Finally, a properly drafted Will can also assist if an individual would like to make any special bequests. In other words, specifically providing for a particular item or monetary contribution.
In any event, if you’re afraid to think of your own mortality then be equally afraid to think of what could happen to your estate and loved ones if you were to pass without a Will.
If you need a Wills Lawyer in Burlington or Halton region. Then give me a call.
PH: 416-505-4901
Address: 901 Guelph Line, Burlington, Ontario.
Should I Sue?
Should I Sue?
No. In fact, most experienced civil litigation lawyers will often advise that starting a legal case should always be the last resort.
There are many factors to consider when considering commencing a legal action such as, costs, time and what you hope to achieve. In some situations starting a legal action can bring good results. However, I find that in many cases people become exhausted dealing with the various court processes and legal fees.
After practising civil litigation for approximately 11 years I can honestly say that court rarely is a good option. Most lawyers will ask for a financial retainer at the outset in the amount of $2000 to $5000 or even more. For most, of the middle class this is an incredible amount of money. Also, let’s face it you would rather spend that money somewhere else.
If you are thinking of starting a legal case consider the following:
- Legal fees;
- Legal disbursements;
- Is your case really worth it;
- How much time are you willing to invest;
- Does the Defendant even have money;
- Is your lawyer experienced;
- What if, you did end up losing;
- Are you prepared to sit through a civil litigation trial
- Are your witnesses reliable;
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Of course there is much more to consider as well. If you are considering starting a lawsuit then please call to speak with a civil litigation lawyer.
Ph: 416-505-4901
901 Guelph Line, Burlington, Ontario
Accepting a plea | Domestic violence
Are you considering a plea deal for a domestic violence charge?
Part 7
Feel free to browse my series about domestic violence:
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
Accepting a plea deal can have serious consequences for those who believe they were wrongfully accused of domestic violence. Often these men are not aware of the difference between an absolute discharge or a conditional discharge or for that matter even a peace bond.
The first two are very important, in that the individual will be formally accepting responsibility by pleading guilty in a court of law.
Despite, the fact they received a discharge from the crime, the fundamental concern here is that they have formally accepted responsibility. This becomes very worrisome for those men who end up going back to the false accuser.
Now, they are in a very dangerous situation and their partner is well aware of the odds being in her favor. Many men who have received criminal discharges or peace bonds have reported that their partner threatens them on a regular basis that she will phone the police again.
If the police arrive again for a call of domestic violence this will have dire implications for the man involved.
While a peace bond does not have the same implications it does alert the Crown and the cops that this individual was charged previously.
In a situation of false allegations of domestic violence one needs to ensure they receive a clear withdrawal of the criminal charge or an acquittal.
Call me today if you have been charged with domestic violence.
Call: 416-505-4901
My Burlington law office address: 901 Guelph Line, Burlington, Ontario
Are you watching media content illegally?
File Sharing in Canada: The Legal Phenomena that is The Pirate Bay
Are you watching media content illegally? Do you even care?
Bit Torrent technology is unfamiliar to many. However, it is used by millions worldwide including right here in Canada. In fact, at one point in 2004 Canada had the highest number of file sharers based on the population.
Chances are there is someone you know that uses bit torrent technology also referred to as torrenting. A user can download almost any movie or television show within minutes in crisp high definition format.
One of the largest torrenting sites on the internet The Pirate Bay has continued to evade local law enforcement authorities despite mounting lawsuits, sanctions and even imprisonment. The Pirate Bay remains open with content updated hourly. The Pirate Bay and the internet suggests that it is one of the most visited sites on the internet. The Bay as it is also referred to enjoys enormous fan support with a cult like following this has caused The Bay to cast itself as a modern day Robin Hood of sorts. There is even a documentary about The Bay, called TPB AFK: The Pirate Bay Away From Keyboard. AFK being a popular acronym amongst on-line gamers.
What implications does and will file sharing have in Canada? Should the entertainment industry revamp its practices and accept bit torrent technology? The popular hit series Games of Thrones has been described as one of the most downloaded shows on the internet. In realizing this, HBO’s new strategy for the upcoming 2016 series is to offer streaming services.
In any event, we have come a long way since Napster. It’s time for large media outlets to start embracing bit torrent technology and finding ways to capitalize from it versus wasting their resources fighting it.
Call our law office today to speak with one of our Burlington civil litigation lawyers. We provide civil law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
False allegations of domestic violence – Part 6
Have you been falsely accused of domestic violence?
Please review my series on being wrongfully accused of domestic violence:
Part 1: False Allegations of Domestic Violence
Part 2: False Allegations of Domestic Violence
Part 3: False Allegations of Domestic Violence
Part 4: False Allegations of Domestic Violence
Part 5: False Allegations of Domestic Violence
Part 6: False Allegations of Domestic Violence
It is not uncommon once criminal proceedings commence for domestic violence that the complainant or in other words false accuser will try to renege on her statements. Early in the proceedings some will contact the officer in charge and advise that the entire situation was a misunderstanding or that they don’t want the charge to proceed. By this time its too late, the cops can the move forward with the charge. Later in the criminal proceedings it becomes the Crowns decision.
At some point Victim Services will contact the complainant. The complainant might express their desire for the criminal charge to be withdrawn and or for them to have the ability to contact their male partner. In many of these situations Victim Services will do very little. Moreover, Victim Services will simply presume that the complainants’ desire to renege are the result of emotional duress and or physical abuse and threats by the accused who has been wrongfully accused of domestic violence.
Any official or unofficial statements made by the complainant will form the basis for the case against the individual charged. As a result, later if the complainant wishes to renege on her statements it becomes problematic.
The Crown Attorneys office is the point of contact once the matter proceeds to court. The Crown Attorney has the discretion and jurisdiction to simply make the matter go away. However, in many situations the Crown Attorneys office will be reluctant to simply have the charge withdrawn completely.
Often, even where the complainant has reached out and advised that she will not participate in the process the Crown Attorney will continue to keep the charge active. Thus, the wrongfully accused individual will not be able to walk away.
Call our law office today to speak with one of our Burlington Criminal Lawyers. We provide criminal law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON