WILLS AND ESTATE PLANNING
Estate planning is an important step in life. At Signature Law, we walk you step by step through the process of estate planning. We provide you with sound advice in relation to all Estate Planning documents.
It is important that your last wishes are appropriately outlined in accordance with law. We work co-operatively with you to ensure that your wishes are reflected in your Will, Health Care Directives, and Powers of Attorney. We work with you to ensure that the process is easy, timely, and cost effective.
Note on Will kits: Will kits are becoming increasingly popular among individuals. While these may seem cheaper and less cumbersome than hiring a lawyer to complete your Estate Planning, consider that kits often do not account for legal intricacies and they largely ignore important details.
Do not leave your loved ones in a position in which they have a lengthy court process after your death because of an inadequate Will Kit.
How it works
Negotiations outside of Court is highly recommended when possible. Typically, this is through collaborative family law settings, wherein a four-way meeting takes place between the parties with their representatives. Typically negotiations outside of Court lead to domestic contracts. Ways to allow an easier and more structured method of approaching negotiations can be through mediation. Mediation Agreements can be binding as well. Alternatively, there is also the option of arbitration, which is similar to a formal trial in court and where the end result is a binding and enforceable decision by a impartial third-party.
Child support calculations are determined by the Child Support Guidelines which take into consideration income and parenting arrangements. The Guidelines list child support Table amounts. But child support factors also consider the age and dependent/independence of the child. Further, on top of the Table amount, there is also a payment referred to as section 7 or Special and Extraordinary payments, that have to do with other expenses of the child, including extra curricular, medical (including dental), and child care costs, among others. Section 7 expenses are also found in the Child Support Guidelines.
Spousal support is dependent on a variety of factors and is not an automatic right and is not restricted solely to married couples. It may be based on the need of one party for financial support due to the relationship breakdown; compensation; or, as per a written agreement (or domestic contract) between the parties.
Family Law does not provide monetary compensation for violence, abuse or psychological circumstances that derived out of the relationship. Compensation for personal injury or psychological harm may need to be sought in an alternative proceeding, such as in Civil Court.
Common law division of property differs from a married couple’s situation as it is not legislated. The factors that are considered are dependent on the specific relationship. However, such things as the length of the relationship, the co-mingling of assets, or if one party has gained a benefit to the detriment of the other party, among other things, are considered.