Suspicious capacity review / witness affidavit
Suspicious capacity review / witness affidavit. 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
- A first meeting to understand your goals, your family and what you own
- Explaining which parts must be done by a lawyer and which the firm can help with
- Organizing your information and documents into a clear summary
- Commissioning affidavits and declarations the matter needs
- Referral to an Ontario lawyer, under the Law Society of Ontario's referral rules
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 $600 plus 13% HST ($678.00 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.
Can a paralegal draft my will or power of attorney?
No. In Ontario, preparing wills and powers of attorney for others is a lawyer's work. The firm can help organize your information and refer you to an Ontario lawyer.
What happens if someone dies without a will?
The Succession Law Reform Act sets who inherits, starting with a married spouse and children; common-law partners do not inherit automatically under these rules. Someone often has to apply to court for authority to administer the estate.
What is a power of attorney for personal care?
It names someone to make personal care decisions, such as health care and housing, if you become unable to make them yourself. A power of attorney for property covers finances.
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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