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Winnipeg, Manitoba & surrounding areas
Legal services provided by the: Kyle Soble law corporation. Lawyer/barrister & solicitor, Notary Public
In general, our Estate focus is on drafting documentation, powers of attorney, wills, heath care directives - also probate and administrative orders. If you already have counsel elsewhere, do not contact us for advice or an opinion as it is against the rules for us to comment on your legal matter. We don't handle litigation or disputes regarding Estate matters, or any other contentious matter or police matter re same, including interpretations of documents re validity or otherwise, that we have not drafted. (**Note: We generally do not take on last minute, urgent deathbed Wills).
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Lawyer & Notary Public, Winnipeg
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Let's get into a few specifics. In a Will, you will designate the following:
· The Executor — the person who will administer your Will and estate; make decisions on your behalf, file appropriate tax returns; protect and preserve your assets and follow your wishes.
· The beneficiaries — This includes making special provisions for beneficiaries with special needs.
· The guardian of your minor children — Your expressed wishes will persuasive in a courts decision when appointing their guardian.
· The person who will take possession and control of the assets of your minor children—To include provisions for money being advanced for the care, maintenance, or education of your children.
· Handling your funeral and burial arrangements.
In our business, clients give us a lot of reasons why NOT to make a Will. "I'm healthy as a horse." "I have lots of time to think about things like that." "I don't own enough stuff to worry about that." "Let's not tempt fate." These reasons - which are really excuses - lull people into thinking they can postpone the task of estate planning without serious consequences.
When we choose to make our Wills, we are not doing it for ourselves. We are thinking about those who will survive us. Making a Will is the ultimate act of kindness and consideration towards those who survive us - friends and relatives who will be suffering emotionally following our death. By having a Will, we make our personal wishes clear. We simplify the job for those who want to carry out our final wishes.
Whether you have a Will or not, your assets - abundant or scarce - will have to be dealt with following your death. When someone dies without a Will, the Court appoints an administrator to settle the Estate. That appointed administrator may have to purchase a bond which can be expensive. The costs of a court-appointed administrator far outweigh the costs of preparing and executing a Will.
When someone dies in Manitoba without a valid Will, their property is disposed of under The Intestate Succession Act. The Act sets out an inflexible formula for distributing the assets of the deceased. We won't bore you with the details of the Act's provisions, but we'll skip right to the conclusion. Without a Will, if the deceased has no heirs under The Intestate Succession Act, the estate goes to the Crown. That means all property goes to the government. We don't know anyone who likes paying taxes during their lifetime. Why would someone want to turn their property over to the government at their death?
A Will allows the testator (the person making the Will) to deal with certain important matters involving minor children-those under the age of 18. Properly drafted, your Will can make money available for your minor children's education and maintenance. It also gives you the opportunity to state your wishes clearly concerning guardianship of your children.
There are many good reasons to have a Will, but it really comes down to communicating your wishes to the people you will leave behind. The effort and expense you make today to prepare your last Will and Testament will be a lasting gift to your loved ones. MOBILE.LEGAL, together with their staff, are well equipped to assist you in the task of making a Will. The process is simple. You give us instructions - by completing a questionnaire, by telephone interview - and we prepare a draft document for your review. We send that draft Will to you by e-mail or fax, and you ensure that it sets out your wishes. The document will have some legal wording. We are always available to answer your questions about the draft. When you are satisfied that the draft accurately reflects your intentions, we will arrange a signing appointment. The legal requirements for signing a Will are very specific. You must sign your Will in the presence of two witnesses. If you have no Will, or if you are considering changing your existing Will, we hope you will give us the opportunity to be of service. To start the process of planning your Will, please contact our office at INFO@MOBILE.LEGAL or by calling ph. 204-808-0418. We look forward to hearing from you.
At mobile.legal, we're making the will and estate planning process as simple and cost effective as possible. Whether you've never had a will before or, you're updating your existing will due to asset changes, marital status or for any reason, give us a call.
"We come to you" - Mobile Law Office
Wills, Powers of Attorney,
Winnipeg Notary Public, etc
Contact us today at firstname.lastname@example.org for all your Will, Power of Attorney and/or Healthcare Directive (Living Will) needs
Toll Free: 844-85-LEGAL (53427)
kyle j soble
A Will is a legal document whereby you explain what you want done with your “estate”. Your estate consists of any land, house, money, investments, personal items and other assets that you own. Note that a Will does not deal with assets you jointly own with another person, for example, a joint bank account or a house owned in joint tenancy.
In a Will, you name a person or company to be the “executor”. The executor gathers up the estate, pays your debts and taxes, and then divides what remains of your estate among the beneficiaries (the people named in your Will to receive a share of your estate). Choose an executor you trust and who will likely survive you. It may be a friend, relative, professional or a trust company. You can appoint more than one executor who can act together as co-executors, and you can also choose an alternate executor.
Why have a Will? The simple answer is that having a Will ensures that your estate is distributed according to your wishes as opposed to distribution pursuant to the The Intestate Succession Act.
It also makes financial sense. A Will can minimize cost, both in terms of taxes and probate fees. If you die without a Will, it usually costs more. This means your loved ones may receive less.
A Will avoids the complications and inconvenience of dealing with an “intestate estate”. If you die without a Will, it is more complicated and time-consuming for the people who survive you to settle your estate. Most importantly, a Will ensures that your intentions are carried out. It ensures that the appropriate people receive the estate proceeds. This concern is particularly acute given the prevalence of blended families. A Will also allows you to appoint guardians for your infant children and express your wishes as to burial or cremation.
IF YOU ALREADY HAVE A WILL you should review it every few years to make sure that it is current or more often if your circumstances change. For example, your executor may have moved or may no longer be able to manage your estate or a beneficiary may have passed away.