Wills & Estate Law

Once a person is appointed as an Executor, they carry out the directions as mentioned in the Will. Appointment of a trustee means that the Trustee takes care of the property in trust for the benefit of the trust beneficiaries.

In majority of the circumstances, people who have zero experience with administering an estate, are named as a trustee or executor. They may not be aware with the expected role, duties and obligations, risks and potential liability they could face, if they end up breaching their duties to beneficiaries.

When a trustee-trust relationship is established, a fiduciary duty gets automatically created between the trustee to the trust. It also happens when a executor-beneficiary is created. With this fiduciary relationship, there are very high standards created by the law.

The fiduciaries owe duty of care to the beneficiaries or trust and need to act with integrity always. They have to act in good faith and make decisions in the best legal interests of the trust and the beneficiaries. Any activity which seeks to breach the fiduciary duty can have substantial financial and legal implications.

Once you are named a beneficiary, you get into a fiduciary relationship with the estate. The trustee or the executor of the estate have to keep your best interests when taking any estate related decisions. They will act in food faith always as they owe you a fiduciary duty of care.

The executor or trustee is supposed to be neutral and always act in the best interests of all the beneficiaries. They are also not supposed to favour one beneficiary over another.

When you are named a beneficiary in a will of a loved one, you should obtain the necessary legal counsel to help understand your role, duties and obligations. You will need to ensure that your interests remain protected in the probate process. As a beneficiary if your legal rights are compromised or the estate is mismanaged, you can take appropriate legal action for its resolution.

A Will and a Power of Attorney are both important legal documents, but they serve different purposes. A Will is a legal document that outlines how a person’s assets should be distributed after they pass away. It also appoints an executor to manage the distribution of the assets.

On the other hand, a Power of Attorney is a legal document that grants someone else the authority to act on your behalf in certain situations while you are still alive. This can include managing your finances, making medical decisions, or handling legal matters. A will only takes effect after a person passes away, while a power of attorney is effective during a person’s lifetime.

Do you already have a Will or Powers of Attorney in place for some time? Your circumstances may have changed, so reviewing your documents are crucial. Request our Will Questionaire today at info@atulahuja.ca

Are you looking for an experienced Notary Public Lawyer to function as an official witness for contract execution, finalization of contract agreements and other legal documents?

AAPC have witnessed more than thousands of legal documents for their clients across Greater Toronto Area(GTA). They notarize documents, administer oaths, statutory declarations, declarations needed for affidavits and other solemn affirmations. They also certify documents to be the true copies of the original.

Once you want to notarize any document, take the originals and the Notary Public will make photocopies of your documents. Wait for the Notary to review your documents and agreements. Once they have confirmed their veracity, they will ask you to put your signatures on the document to be notarized. If you need to swear an oath, it will be done before signatures.

It is important to sign on the document in front of the notary, for any signature to be officially notarized. So, never sign the documents by yourself, before coming to the Notary. You will need to bring your identification proof, a government issued ID when you come.

Currently, when contracts are being signed across countries and continents, it is essential to verify the integrity of the contracts and associated legal agreements. Once an agreement is notarized, it becomes legally very difficult for any party to the contract to backtrack and say that they did not sign the agreement.

In many provinces, legal documents and other agreements can be declared, affirmed and sworn in the presence of a Commissioner of Oaths. A Commissioner of Oaths may or may not be a Notary Public. When you are planning to use the legal document or agreement internationally, it is advisable to get the document notarized. Otherwise, you may run the risk of your documents not being accepted by the institution where they are required to be submitted.

Some of the notary services we provide include but not limited to:

• • Certified True Copies of Original Documents such as degrees, diplomas, certificates, wills, marriage certificates, death certificates
• • Commissioning Oaths and Affidavits
• • Life Certificate attestation
• • Affidavits for stolen vehicles and insurance claims

• • Affidavits of service
• • Name change Affidavits for child or adult in the Province of Ontario
• • Gender change affidavits
• • Transfer of Vehicle Ownership Affidavits including used vehicle sworn statement in case of family gift in Ontario
• • Divorce Affidavits
• • OSAP application Affidavits for relationship status and other issues
• • Relationship Status Affidavits for common law relationships, marriage and separations
• • All other Affidavits as needed by Insurance Company, Law
• • Signature and Identity Verification including security clearances such as employment and background checks
• • Agreements for separation, custody, cohabitation, and divorce
• • Drafting promissory notes, waivers, contracts, leases, and other agreements
• • Invitation letters for visitors to Canada
• • Letter of consent for children to travel abroad in single or shared custody situations
• • Real Estate and mortgage documents for purchase and sale or residential and commercial properties within and outside Canada
• • Statutory declarations for identity confirmation, property ownership, professional accreditation relationship status, Citizenship and Immigration applications
• • Statutory declarations for lost, stolen passports, Canadian travel document or statutory declaration in lieu of guarantor for passports
• • Any other statutory declaration needed by an institution or law
• • Draft, negotiate and finalize all kinds of statutory declaration and Affidavits
• • Joint affidavits of marriage, name splits in India
• • Income Affidavits