Silver and Gold Magazine Fall 2018 | Page 31

How an estate is distributed: Without a will When a person dies without a valid will, called “intestate”, Ontario’s Succession Law Reform Act sets out how the estate is distributed, and this process can take years and some financial costs. According to the Act, unless someone who is financially dependent on the deceased person makes a claim, the first $200,000 is given to the deceased person’s spouse if he or she has decided to claim his/her entitlement. The other possibility is to claim half of the net family property. A lawyer can help determine which is the better choice. Anything over $200,000 is shared between the spouse and the descendants (e.g. children, grandchildren) according to specific rules. If there is no spouse, the deceased person’s children will inherit the estate. If any of them have died, that child’s descendants (e.g. the deceased person’s grandchildren) will inherit their share. If there is no spouse or children or grandchildren, the deceased person’s parents inherit the estate equally. If there are no surviving parents, the deceased person’s brothers and sisters inherit the estate. If any of the brothers and sisters have died, their children (the deceased person’s nieces and nephews) inherit their share. If there are no surviving brothers and sisters, the deceased person’s nieces and nephews inherit the estate equally. However if a niece or nephew has died, their share does not pass to their children. When only more distant relatives survive (e.g. cousins, great nieces or nephews, great aunts and uncles), the rules are complex and you should speak to a lawyer. If any heir was alive when his or her relative died, but died before the estate was distributed, that person’s own heirs are entitled to their share. When a person dies without a will, only blood relatives, including children born outside of marriage, or legally adopted children can inherit. Half-blood relatives share equally with whole-blood relatives. Is it legal to make your own will? Yes, in Canada it is legal to make your own will, as long as all the pertinent information is included, signed and dated, and sometimes – depending upon the type of will prepared – it must be witnessed. A Holograph will is a hand-written will and it does not need to be witnessed. There is a specific way to make holograph wills legally binding documents, so whenever possible consult with a lawyer – many offer free consultations. Having a hand- written will is better than not having one at all. • ® ® Léony deGraaf Hastings, CFP, EPC Certified Financial Planner Retirement & Estate Specialist Burlington’s Senior’s Adviser Who Cares CALL for Your Complimentary Review TODAY 905 905- -632 632- -9900 www.dgfs.ca Let us help you grow! Promote your business or event with THIS SIZE AD (business card) for $83/month. In print + online. [email protected] 905.220.0762 silvergoldmagazine.ca Dedicated to helping YOU achieve a financially satisfying lifestyle with real estate: • REVERSE MORTGAGES • Mortgages for self-employed • Private lending invest in real estate invest in your future! Glynis Van Steen Mortgage Broker Certified Reverse Mortgage Specialist Direct: 647-296-0011 www.centum.ca/glynis_vansteen Licence #10646 Centum Total Mortgage Services Inc. 455 Kerr Street, Oakville, ON L6K 3C2 Silver & Gold Magazine ~ AUTUMN 2018 31