Wills & Estates

Family law extends beyond what occurs if parties separate.  Family law extends to what happens to the surviving spouse and/or the children if one party dies.

It is very important to have a Will even if you are not contemplating separation or divorce.   A Will saves loved ones from stress of addressing how to divide your estate, deciding on a guardian for the children, whether to keep or sell the family home, how to dispose of a family business, and who to appoint as the Estate Trustee.

Preparing a Will requires significant knowledge of family law.  Specifically, a Will can be challenged by the surviving spouse (whether married or separated or divorced at the time of death) and any children.   Without knowledge of family law and taking its aspects into consideration, the terms set out in your Will may be disregarded and set aside by the court.

In preparing a Will, you must consider what rights the surviving spouse may have to property and spousal support.  You must also take into account the children’s right to child support and contribution to future education expenses.

If a person dies without a Will, he or she is considered to have died Intestate. In that case, Ontario estate law prescribes how your estate will be divided between your spouse and children.  The terms of the law may not be in accord with your wishes or their needs.

Remarriage

If you have a Will but then remarry, your pre-existing Will may no longer be valid.  In the event of your death, its terms can be set aside entirely.  It is very important to consult your family law lawyer regarding the effect remarriage may have on your estate planning, especially if you have children from a prior relationship.

Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.

To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at reception@mlfamilylaw.ca