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Nov

20

Your Minor Children

Post image for Your Minor Children

…may end up with someone less than ideal.  That’s why you need to express your wishes concerning who should have responsibility over your minor children and their property when you pass away.

Peace of Mind Starts HERE:

To create your own Last Will and Testament (and don’t forget about creating your Powers of Attorney too!), just click on the image below:

Unlike other Wills kits:

  • The Will-O-Matic is based on provincial Wills laws.  I haven’t seen anyone else go to that length.  They tell you their product is good for “Canada”, but it’s not.  They don’t use the right language.  So why risk using their product?
  • The Will-O-Matic is more comprehensive than anything else out there.
  • I (a Canadian lawyer) created the Will-O-Matic.
  • The Will-O-Matic allows you to edit for free for the first year; other products give you a one-shot type of deal (but you can always pay more to edit).
  • The Will-O-Matic comes with comprehensive signing instructions to help you make sure you don’t enter the Will incorrectly and thereby render it invalid.
  • The Will-O-Matic comes with a comprehensive and regularly updated eBook (for Ontario, it’s over 70 pages long!) about Wills in your Province.  This just goes to show the level we go to when it comes to putting a high quality product on the market.
  • The Will-O-Matic includes a personal information, assets and liabilities checklist to help you get organized.
  • The Will-O-Matic is regularly updated (particularly when laws change).

No Will?

To see what happens to your children if you don’t have a Will in a particular Province, just click on the link below:

Alberta
British Columbia
Manitoba
New Brunswick
Nova Scotia
Ontario
Saskatchewan

Alberta

A person can name in their Will who they wish to have as the Guardian of their minor or disabled children and Trustee of their property: section 22 of the Family Law Act, S.A. 2003, c F-4.5 and Minors’ Property Act, S.A. 2004, c M-18.1.  If the Will does not specify a person to be the Guardian of their minor children or Trustee of their share of the estate, then someone will need to apply to the Court to be the Guardian of the child and Trustee of their property.  If no one steps in, then the Public Trustee will step in.

British Columbia

A person can name someone in their Will to be the Guardian of their minor or disabled children and Custodian of their property (except for their services and earnings): section 50 of the Infants Act, R.S.B.C. 1996, c. 223.  The Testator / Testatrix can also give the Executor powers to pay the Guardian and Custodian. It is worth mentioning that the decision to appoint a certain person as Guardian can be reviewed by a court.  Furthermore, family members can apply to have a decision in the Will set aside.  However, it must be strictly proven that the appointed Guardian is not suitable for the position.  Also worth mentioning is that, if you and your spouse’s appointed Guardians and Custodians are different people, then the Will of the last person to die (i.e. you or your spouse) governs.  Just make sure you realize this!

Manitoba

Naming a Guardian in a Will does not guarantee that person will be chosen if there is a dispute among friends and/or relatives who want to care for the children.  Naming a Guardian in a Will does, however, give the court a clear indication of the parent’s wishes and can carry substantial weight as the court decides who should be the children’s guardian.  That person will still need to apply to the Court to be the Guardian of the child and their property.  They can do this under the Infants’ Estates Act, C.C.S.M. c. I35 and by following Rule 67.02 of the Court of Queen’s Bench Rules, Manitoba Regulation 553/88.

New Brunswick

If the Will does not specify a person to be the Guardian of their minor children or Trustee of their share of the estate, then someone will need to apply to the Court to be the Guardian of the child and their property.

Nova Scotia

If the Will does not specify a person to be the Guardian of their minor children or Trustee of their share of the estate, then someone will need to apply to the Supreme Court to be the Guardian of the child and Trustee of their property.  If no one steps in, then the Public Trustee will step in.

Ontario

A person can name someone in their Will to be the “Custodian” for their minor children and “Guardian” of their property: see section 61 of the Children’s Law Reform Act, R.S.O. 1990, c C.12. You can also give the Estate Trustee powers to pay him or her. A parent is not automatically the Guardian of his or her child‘s property. It is important to note that, whoever is named in your Will as the Custodian and Guardian can only act as such for 90 days from the date of the Testator / Testatrix‘s death: section 61(7) of the Children’s Law Reform Act. During that period, they should apply to the Court for an order formally appointing them as the Custody and Guardian of the Testator / Testatrix‘s minor or disabled children. Also worth mentioning is that, if your and your spouse‘s appointed Custodian and Guardian are different people, then the Will of the last person to die (i.e. you or your spouse) governs.

Saskatchewan

A person can name someone in their Will to be the Custodian of their minor children and Guardian of their property: sections 4 and 30 of the Children’s Law Act, 1997, S.S. 1997, c C-8.2.  Naming a Custodian / Guardian in a Will does not guarantee that person will be chosen if there is a dispute among friends and/or relatives who want to care for the children.  Naming a person in a Will does, however, give the court a clear indication of the parent’s wishes and can carry substantial weight as the court decides who should be the children’s Custodian / Guardian.  That person will still need to apply to the Court for an order confirming his or her entitlement to be the Custodian / Guardian: section 5(1) of the Children’s Law Act.

written by pmmpa

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