WILLS AND ESTATE LAW AT PDC

ESTATE LITIGATION

• When legal issues arise after a loved one has died, we are very aware of the financial and emotional impact these disputes can have on families and others. Our estate litigation lawyers will provide strategic advice and direction to assist clients through these often difficult times.

  Our approach is to work closely with clients, review the alternatives and develop a strategy that is intended to efficiently resolve the situation. We represent executors, trustees and beneficiaries in all aspects of estate litigation including:

  • Opinions on Wills and Trusts
  • Passing of Accounts
  • Questions of Capacity
  • Dependant’s Relief Claims
  • Will Challenges
  • Claims Against Estates
  • Claims Against Trustees
  • Unjust Enrichment 
  • Claims by a Common Law Spouse

  We both prosecute and defend claims in a manner that is best for our clients. We will advocate on your behalf and seek a fair solution through negotiation and mediation where appropriate. Our lawyers are skilled litigators with the experience to litigate aggressively when necessary on contentious matters.

  We can assist in the resolution of disputes involving trusts, wills and estates.  Please do not hesitate to contact office for more information or a confidential consultation.

WILLS

• To the question “Do you need a Will?”, the answer depends on what would happen if you should die without one. Contrary to many beliefs, the government does not take it all. However, if you do not make a will, the law will make one for you.  If you, like many, are not satisfied to have the administration of your estate governed by someone else than you do need a Will.

  The experienced lawyers at Prouse, Dash & Crouch, LLP have many years of specialized practice in assisting people in the preparation of their wills and in making other important estate planning decisions.  Our lawyers, through consultation with you, will help plan and implement the strategy that best suits your needs so that you can be sure that you and your family are protected. 

  Should you have any questions with respect to your estate planning or our services please do not hesitate to call our office.

POWER OF ATTORNEY FOR PERSONAL CARE

• In Ontario, you can sign a document in which you appoint someone to make decisions relating to your personal care if you become mentally or physically incapable. The document is called a power of attorney for personal care. These decisions include the right to give or withhold consent to medical treatment. 

  If you become mentally incapable and have not appointed anyone to make medical decisions on your behalf, in the absence of any emergency, your doctor cannot give you any required treatment until he or she finds someone with authority to make decisions for you. If you have not signed a power of attorney for personal care appointing someone to make such decisions for you, then the most suitable person will be appointed guardian by court order.

POWER OF ATTORNEY FOR PROPERTY

• Much like the power of attorney for personal care a person can appoint someone to make decisions related to their “personal business” should you become mentally or physically incapable.  This document is called a power of attorney for property.  The law governs the types of decisions that are appointed to the “attorney” and thus it’s important to speak to a lawyer who has experience in creating these documents.

  While continuing powers of attorney for property is not a complete answer to dealing with the business affairs and property of a person who becomes incapable, we nevertheless recommend that all clients consider executing a power of attorney for property to protect themselves and their families.