56% Of Canadians Are Not Ready, Are You? Workshop 1 Part 1
Questions & Answers
Just recently in 2016 Google ran a survey and found results showed that 62% of Canadians do not have a will and testament, while 12% of Canadians have an out of date will. Now this was ran through Google and 18+ years of age, if you wish to read more follow the link https://www.legalwills.ca/blog/canadians-without-wills/
For the purpose of my workshop recently we used stats from Statistic Canada.
As promised at our workshop I am making some of the Questions and Answers we have received over the course of the last six months, during our workshop, and general interest available for everyone. You see there is a pretty good chance that some of the questions are the same questions, you yourself may have wanted to ask, but never had a chance. So here we go…..
Question
Is the Power of Attorney valid after a death?
- A power of attorney is no longer valid.
Many people believe that, as the power of attorney, they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court.
Question
I live in Ontario, when I die I wish to spread my ashes in a place of choice, what are my choices?
- Scattering of ashes is legal on Crown Land or Water, if you are scattering on a private property such as a camp, remember that the camp may not always be in the family.
- buy rights to bury or scatter the cremated remains in a registered cemetery
- buy rights to place the cremated remains in a niche within a columbarium in a registered cemetery. (A columbarium is an above-ground structure that contains a number of niches. Placing the cremated remains in a niche is an interment, meaning a burial)
- scatter cremated remains on private property with the consent of the land owner (if a land owner wants to allow repeated scatterings to take place on a specific piece of his or her property, he or she must establish that land as a cemetery and have a licensed cemetery operator for the cemetery)
- for more information please go to, https://www.ontario.ca/page/arrange-funeral-burial-cremation-or-scattering
Question
Approximately how long does it take to get monetary from a Life Insurance Policy?
- Under 50,000 proceeds from a claim usually takes a few weeks larger policies may take longer.
Question
If the legal name is different on birth certificate, and individuals goes by another name in life, can this be cause for concern?
- YES ! Always to try make sure that information registered matches all information provided. It can make things more challenging in the event of a death, if the name on the registry does not match the name of the deceased. For more information you can call the Office of the Registrar General in Toronto at 416-325-8305 or toll-free 1-800-461-2156. Or visit ca.
Question
Is it okay to have the same individual as beneficiary and executor?
- Yes, if you are comfortable with it, there is not legal reason why not.
Question
If there are multiple executors with a will or power of attorney (living will), but one person takes more responsibility, are both individuals (or all) still accountable?
- YES, you have a signed that legal document giving you the authority, it is your responsibility to do due diligence. If you have concerns always contact your lawyer to discuss.
Question
Do I require a lawyer to do probate?
- Not everyone is required to probate, and there are those who have done probate themselves and been successful. If you are considering doing your own probate seek advice prior, and do your diligence on what is required. More information on the link provided.
http://ontario-probate.ca/wp-content/uploads/2016/05/Probate-eBook-2016-1.pdf
I hope that is this information is a help to many, we will add more questions for you in the weeks to come, till next time.
