Writing a will is not as easy as scribbling down a few words and paper and rifling it into a drawer somewhere. Wills and estates law is complex and Ontario residents writing a will cannot just insert conditions on a whim and expect them to be legally binding. A testator (the maker of the will) must be abundantly clear what is given to whom and under what circumstances when leaving gifts in his or her will.
Do fiduciaries in Ontario have a say in end of life matters?
Making the decision to take a loved off life support is perhaps one of the most emotionally fraught decisions family members will ever have to make. Ontario residents on life support, without powers of attorney, living wills or fiduciaries could end up having the government make end-of-life decisions for them. Those decisions could come from the Consent and Capacity Board, which is an independent medical review panel mandated under Ontario's Health Care Consent Act.
Ontario estate administration: Declaring someone officially dead
Most often, there is no question that someone has died. But when someone has been missing, it's a difficult call to make, especially when dealing with estate administration duties. In Ontario, as in the rest of Canada, there are procedures to follow when declaring someone officially dead.
Estate planning: "Do not resuscitate" orders in Ontario
There are people who have made the decision not to be brought back to life if their hearts stop. The do not resuscitate order, or DNR is one where people do not want any emergency lifesaving measures to be used to keep them alive. This order, which can be a part of estate planning in Ontario, is often used for those who are terminally ill and gives medical personnel clear directives.
The role of a fiduciary in Ontario
Most people know what an executor is. But when it comes to the term "fiduciary", it's likely many Ontario residents don't have a clue what the term means. In estate planning, a trustee is the ultimate fiduciary.
