Henson trust (disability planning)
Henson trust (disability planning). Wills, powers of attorney, probate, trusts and capacity matters.
Wills, powers of attorney, trusts, probate and other estate court applications are lawyer's work in Ontario, so the firm does only the parts a licensed paralegal is permitted to do, such as organizing information, commissioning documents and representing you at the Consent and Capacity Board, and refers the rest to an Ontario lawyer.
What is included
- Understanding your goals for your estate and your care
- Organizing your family, asset and beneficiary information into a summary for the lawyer
- Noting your choices of executor, attorney and guardian, with backups
- Referral to an Ontario lawyer who drafts the documents and oversees the signing
What is not included
- Drafting wills, powers of attorney or trusts, which a lawyer must do
- Court applications such as probate, passing of accounts or guardianship, which a lawyer must handle
- Estate administration tax, court fees, assessor fees and other disbursements
- Tax and financial planning advice
Who this service is for
- People planning a will or powers of attorney
- Families dealing with an estate after a death
- Families concerned about a loved one's capacity
- Estate trustees who want their documents organized
Information to have ready
- 1A list of family members and anyone who depends on you
- 2A list of assets and debts, including joint ownership and beneficiary designations
- 3The people you are considering as executor, attorney or guardian, with backups
- 4Any existing will or power of attorney
- 5For an estate, the death certificate and the will
Frequently asked questions
How much does it cost?
The fee is $1,250 plus 13% HST ($1,412.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What makes a will valid in Ontario?
A will usually must be in writing and signed at the end by you in front of two witnesses present at the same time, who also sign. A beneficiary or a beneficiary's spouse should not be a witness.
Does getting married cancel my will?
Since January 1, 2022, marriage no longer cancels an existing will in Ontario, and a separated spouse may be treated as if they had died first. It is still wise to review your will after any major life change.
Who drafts the documents?
The lawyer you are referred to confirms the scope, drafts the documents and sets and bills the fee for that work.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- Wills, powers of attorney and estate court work are done by a lawyer, not the firm
- The lawyer confirms the scope and the fee for their work
- No outcome can be guaranteed
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