For permanent residents and new immigrants coming to Canada, it is important to reflect on the advantage of good estate planning through the drafting of a will, this implies having the guidance of a lawyer specialized in the area and being well informed about how the process will take place, in order to ensure effective compliance with the requirements of provincial law and also to express your wishes with legal clarity.
Welcome to a new blog from Immiland Law! Today we are going to share a basic guide for clients where you will find the ethical and legal duties of a lawyer when drafting your will, so you can ensure that your wishes are set out clearly and professionally according to the Law Society of Ontario. Let's get started!
If you have already retained the legal services of a lawyer, the next step is to know what the lawyer will do with your will. Here are five (5) ethical and legal responsibilities of your lawyer in Canada for you to think about:
Your attorney has a responsibility to provide you with personalized and competent advice, prioritizing your wishes as a client in drafting your will. This involves understanding your unique circumstances, your specific will regarding the distribution of property and assets, and any special considerations you have, such as care of minors, pets or charitable provisions.
In Canada, each province has its own jurisdiction and has specific legal requirements that must be met by law in order for your will to be valid. It is the responsibility of the lawyer to ensure that this document complies with all formal and substantive requirements required by Ontario law. This includes the manner of drafting, the proper signature of the testator and competent witnesses, among others.
Drafting a will goes beyond using technical legal language, many immigrants who hire this service in Canada do not necessarily handle the legal vocabulary in English or French (the two official languages of this country), so it is very important that the client reads his document well to ensure that the lawyer is protecting his legal and financial interests through a good drafting of the will.
One recommendation when you hire a Canadian lawyer is that you discuss the legal strategies you will apply to minimize estate taxes, avoid potential disputes between heirs and ensure that each of your provisions are clear and understood by all parties involved. This is something you need to do and is part of what is involved in advising your lawyer.
Confidentiality is fundamental to the attorney-client relationship. The lawyer must handle all information provided by the client with the strictest confidentiality, ensuring that the client's privacy is protected at all times. In addition, he or she must act with integrity and professional ethics in the handling of your affairs and those of your family involved. The Canadian lawyer must assure you that he/she acts with transparency and honesty in all communications.
Your Canadian lawyer should also advise you on the importance of reviewing and updating your will periodically. Now that you are living in a new country, there are bound to be significant changes in your life, for example, getting married, getting divorced, having children, the death of a family member included in your will or major property acquisitions, all of which may require modifications to your document and it should reflect your current circumstances in a timely manner. Also, as a client, it is important that you maintain open and constant communication with your attorney to act on these changes in a timely manner.
We are a full service and specialized firm for new immigrants to Canada and we are here to support and inform. If you wish to draft your will or have doubts about the legal clarity of any clause in your document, at Immiland Law we can help you, as we have Canadian registered lawyers. Do not seek advice from unlicensed third parties because you may run the risk of invalidation of your will or be a victim of scams.
In conclusion, drafting a will in Canada is a complex legal process that requires the expert knowledge of a qualified lawyer. Remember to always be well informed and be an active part of your own legal and immigration processes in this country.
Are you considering drafting or updating your will? Immiland Law Professional Corporation is here to help you plan for a secure and peaceful future that includes you and your loved ones. Schedule an appointment here.
With love,
Immiland Law
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