Last Will and Testament

The Miskin Law Office prepares Wills and Powers of Attorney for individuals in Ontario, Canada. This is done after a first meeting with a lawyer and the client to assess a client’s situation and needs in order to best meet the individual requirements and wishes of the client.  The purpose is to simplify future estate issues to ensure a smooth transition of assets which will reduce the need for future legal services and also plan for reducing taxes payable after death.  We encourage clients to prepare wills that do not lead to family disputes which can ruin relationships and cost a lot of money.  Where there already is an estate dispute we work with clients to resolve the issues sensibly and avoid costly court proceedings.  If there is a dispute mediation is a big part of our law firm’s range of services and we represent clients in Estate Mediation. Murray Miskin also acts as mediator in estate disputes. Estate litigation can be very costly and time consuming and we usually refer complex or unresolvable disputes to lawyers who specialize in such litigation. The best thing is to avoid disputes with properly prepared legal documents. A Will is a document that you can sign with your binding instructions as to who will receive your assets after your death. It names an Estate Trustee (formerly known as Executor) whose responsibility after your death is to manage the estate in accordance with your wishes. You may also propose guardians for your underage children and indicate preferred funeral arrangements in your will. We often prepare specialized wills for people who have children with disabilities or special needs. Until your death the will may be revoked or changed so long as you are mentally competent. Minor changes can be done by Codicils which cost less than a new will. Wills should be redone immediately on a marriage break up. If you do not have a valid will the law determines what happens to your estate without consideration of your preferences.  This may be fine for many families where there are no common law relationships.  If you are living common law or there are children of prior relationships involved it would be wise to obtain legal advice immediately. A Power of Attorney for property is a document you can sign which gives power only in your lifetime over your assets to another person whom you may designate. That authority may be set up to be effective any time or only if you become incapacitated. It may be restricted to dealing with or not dealing with certain matters. You may have more than one person designated so both or either may sign for you. You may name alternates and specify whether the attorney has a right to be paid for what they do. It does not take away your own rights to sign on your own behalf.   A Power of Attorney is a critical document to have should you ever become totally incapacitated or suffer a loss of mental competence.  A Power of Attorney expires on your death.

You may also sign a separate  Power of Attorney for Personal Care where you authorize another person  (again with an alternate) to make health care choices for you when you are unable to do so yourself. This is sometimes called a Living Will. In it you may state your preferences on treatment issues and life support questions.  Many people who want these documents prepared have strong opinions on the possible choices their doctors and family members will have should they become sick to the point where they may have no hope of recovery and may become a burden on others.  Some people do not want their next of kin to decide what to do but instead they may have  a close friend they wish to involve in decisions.  You may also name a doctor or type of doctor you wish to have assess you and give advice when critical decisions must be made.

We strongly emphasize the need to use a lawyer to prepare any of the above document to ensure it is valid and does what you want it to do.  Cheap Will and Power Attorney kits are available but pose a serious danger, in that, what you prepare will be invalid unless properly done following strict legal requirements.   For the money you save doing it by yourself it is not worth the risk.  In preparing these documents we always have a lawyer meet with you for as long as necessary to advise you and take careful instructions to make sure the document prepared is what you want it to be. We generally bill and expect payment by cash, cheque, Interac or credit card at the first meeting.  It is important to have a fully qualified and experienced lawyer discuss your intentions with you to ensure that the will is done properly.  We do not believe it is sufficient to give instructions to a member of the lawyer’s staff in a meeting or by phone.  It is important that the lawyer assess capacity issues at a meeting to prevent future disputes of wills. We sometimes require clients to get a doctor’s note on capacity ahead of signing a will. At a later meeting the documents are signed in accordance with Ontario legal requirements with the lawyer present to oversee, explain the document and discuss any last minute changes.  In cases of complicated wills with unusual provisions or special requirements due to personal circumstances we may charge extra and we will let you know and decide how to proceed at our no cost or obligation meeting in advance of actual will preparation.

Our usual fees (including basic planning for the estate and including disbursements) are set out below with 13% HST added to any fee: Wills: one will $250, a pair for $400
Codicils: fee for one is $100, $150 for a pair
Power of Attorney: one document of each type is $150, a pair of each type are $250

The above fees are discounted when multiple documents are prepared.  Clients pay the fee on a first meeting to discuss wills and then the documents are reviewed and signed on a second visit. WE ENCOURAGE YOU TO GET YOUR WILL DONE SOON. NOBODY KNOWS WHEN THEIR WILL IS GOING TO BE NEEDED OR WHEN THEY MAY LOSE CAPACITY TO SIGN A WILL OR POWER OF ATTORNEY.

Some clients require personalized estate planning for their special situations.  We may refer you to accountants or other experts to help with planning. This will cost a little extra but probably save later costs in taxes paid by the estate and provide more structured plans for future generations to preserve wealth.  We can assist you with up to date information about recent changes in tax structures.  Please call and make an appointment for Estate Planning.  The first meeting is free and with no obligation.Plan carefully for the next generation.

People can be injured without car damage.

1. Any car accident is a traumatic event.  The first thing to do is make sure that you and everyone in your vehicle is okay and that there is no danger of fire or explosion that would make it necessary to immediately exit the vehicle.  If someone is unconscious or disoriented try to keep them awake until medical help arrives.  If there is no apparent danger of fire or explosion injured people should remain in the vehicle. If a person has difficulty moving it may cause further injury to move them without adequate precaution. This is particularly true for neck injury. Call 911 from a cell phone unless help is already there (or you are certain it is on the way) and report any suspected injuries and other needs.

2.  Identify the other vehicles immediately by making a note of the license plates. This is important in case someone leaves the scene before police arrive.  You should always have a pen and paper in your vehicle to write down information. If you have a camera of any type use it to take photos of the cars, people involved and the accident scene. Exchange information with the other drivers including vehicle ownership and insurance policy numbers.  Get contact information for witnesses on the scene. Do enquire into the well being of others involved and show your sympathy for the other people involved even if you are angry or believe them to be at fault. Avoid expressing hostility towards persons you believe to be at fault. If you are at fault you can say you are sorry it happened but do not explicitly admit fault for the accident. Your insurance company will deal with that issue if claims are made against you.  Do not argue with police if you are charged or if they fail to charge someone else you believe should be charged.  If you are charged consider your options during the time limit provided on the ticket.  A guilty plea is considered an admission that can be used against you in a civil case and a conviction will affect your insurance rates and driver’s license.

3.  If injured seek medical attention as soon as you know you have any injury. Injuries felt as minor on the scene can get much worse over the next 24-48 hours.  Many people do not notice any injury until hours or even a day after the accident.  Go to a Hospital Emergency ward, a walk in clinic or your family doctor as soon as you can. Do not wait more than a day to see your family doctor.  If you can not be seen soon by your own doctor go to a walk-in clinic or hospital emergency department and then see your own doctor as soon as you can. When you first seek medical attention be sure to mention the accident and what happened to you in it. You will likely be asked about seat belt use with your answer recorded.  If you were not wearing a seat belt your damages entitlement is likely to be reduced. Be ready for questions about seat belt use, vehicle speed, airbags and any alcohol or drug consumption.

4. Report the accident to your own insurance company as soon as possible after getting necessary medical attention and if you have a broker call them first and they will assist you in reporting and dealing with the claim.  Look to your own insurance company to deal with damage to your vehicle and to provide “No Fault Accident Benefits”.  Ask for a set of no fault benefit claim forms for every person in your vehicle who was injured including children who appear to have minor injuries. If a person in the vehicle has their own auto insurance personally or in their immediate family they apply to their own insurer for no fault benefits.  If it is not your vehicle involved in the accident contact your own personal insurance company about the benefits.  DO NOT CONTACT THE AT FAULT DRIVER’S INSURANCE COMPANY OR MAKE ANY STATEMENT TO THEM IF THEY CONTACT YOU.  Obviously if you believe you are at fault you should contact your own insurer and let them know truthfully what happened in detail. You have a duty to fully co-operate with your own insurance company.

5.  If there is serious injury known to you get legal advice soon after the day of the accident. If you are going to make a claim for injury compensation a lawyer will not require money in advance to make a claim for you. Most lawyers work on contingency fee basis where they charge a percentage of what they get for you. You need not worry about whether you can afford a lawyer. You should not have to pay for a first legal consultation to get advice. There are time limits for making claims so do not delay thinking you will get better.  Be aware of the time limits and make sure a lawyer will preserve your rights by filing a claim if appropriate. If a claim is made against the at fault driver interest runs on the claim from the date of notice.

6.  No fault benefits pay for loss of income a tax free benefit up to $400 per week. That limit and other limits of benefits could be higher if you have optional coverage. If you are losing significantly more than your benefit entitlement see a lawyer to get compensation from the at fault driver’s insurer.  No fault benefits also pay any “reasonable” medical expenses not paid for by Government health insurance or any extended health coverage that you have. The system is complicated so do not be afraid to ask for legal advice.  Get a brochure from your insurer explaining what no fault benefits cover along with the accident benefit claim forms.  In cases of very severe injury a person may qualify for greater and longer term no fault benefits if they are found to have “catastrophic injury”. If that is suspected get legal advice on that rather than just accept what your insurer offers regardless of fault for the accident.

7.  If a family member is killed in the accident no fault benefits pays for funeral expenses plus a death benefit, and there may be other claims available so it is a good idea to get legal advice early.

8.  If the at fault driver has no insurance you can make claims against your own insurer based on the fault of the uninsured driver.  This is also true where the at fault driver is unknown (leaves the scene) or does not have sufficient insurance coverage. Your policy includes this coverage.  You should consult a lawyer about this.

9.  If you are a pedestrian or bicyclist you are entitled to no fault benefits from your own auto insurer or if you do not have one (or one for your household) the insurer of the vehicle that hit you.  See a lawyer regarding injuries in these situations.

10.  If you are from outside Ontario and you are injured in an Ontario accident or you are from Ontario and injured in another province or outside the country contact Miskin Law Offices who often deal with these complex cases.

11.  If you are a passenger in a vehicle (even your own) and a friend or family member is driving and at fault you do have a right to claim from the insurance company for damages for personal injury under the liability coverage.