(Ontario)
Question:
There are a number of issues related to real estate in a Will, but what about younger children? Can they still live in the house etc?
Answer:
Good question:
- Did you appoint a Guardian for your children?
- Is your nominated Guardian aware of your choice?
- Does your Guardian have a copy of the document appointing them?
- Where is the original?
- Does anyone other than yourself know where you have placed the original?
- Now that they have found the document, how do they know that it’s the latest and most up to date version?
- How would anyone know whether you made changes last week?
- Did you file the original with the Court or did you place it elsewhere?
- If it’s in a safety deposit box, who has the key?
- Who knows where the box is located?
- In addition to the Will and other estate planning documents, do you have an up to date letter of instructions?
There are numerous issues which must be considered. The above list is just a start.
Brian Madigan LL.B., Broker