Will Your Cottage to Family
Published on 29 August 2022, 07:22:56 AM
The family cottage and the memories it evokes. Be sure you Will your cottage to family who will cherish it as much as you do.
Who will your cottage go to when you die? Leaving a matrimonial home in Ontario to a spouse.
That’s purely a matter between you and your estate trustee. Unless you plan ahead to make an inter vivos gift or arrange right of survivorship, only your executor needs to know what decisions you make about who you Will your cottage to.
Axess Law writes basic Wills that include the family cottage. We draft a last Will and testament to ensure your estate is preserved after you pass on.
Who Owns the Matrimonial Home (Ontario)
Matrimonial homes like cottages can spark bitter estate disputes. Your cottage is more than a possession. It’s a lifetime of associations — family time by the lake, Christmases at the ski hill.
7 myths about who owns the matrimonial home.
When you die, matrimonial homes usually pass by right of survivorship to joint tenants on title to the property. That removes your name from title, allowing your spouse or any other surviving owners to make decisions like:
- who lives in the matrimonial home after your death
- if cottages should be rented when vacant
- who shares in the proceeds if the family cottage is sold
- and who surviving owners will your cottage to in future.
Why hire a lawyer to draft personal Wills.
Make a Plan to Will Your Cottage to Beneficiaries
A few simple steps when you plan your Ontario estate, or decide on selling real property you own, can protect your spouse, partner or adult children when you die.
Writing a Will in Ontario.
Matrimonial Home After Separation
How you will your cottage depends on your situation. Without a signed agreement or Ontario court order, you could lose exclusive possession of matrimonial homes like a family cottage when you separate or divorce. You still need your spouse’s consent to sell or refinance the mortgage — and you remain liable for debts like mortgages and property taxes.
Matrimonial home rights in Ontario for separating couples.
Why You Need a Lawyer
Axess Law lawyers for Wills draft personal Wills that ensure your estate wishes are clear. We include executors, personal representatives or estate trustees you appoint to allow your estate to be distributed without questions about who has legal authority to act on your behalf.
Types of Wills in Ontario. What kind do you need?
Two more reasons you need a Wills lawyer:
- Preventing estate disputes that can arise if you die without a last Will and testament. Dying intestate without a Will leaves your estate vulnerable to court challenges by family or others who may apply for a certificate of estate trustee without a Will.
- You could lose the ability to determine how your estate is distributed if handwritten or holographic Wills are unclear. An Ontario probate court can declare your Will legally invalid if it fails to meet standards for Wills in Ontario.
Who inherits when there is no Will in Ontario.
Avoid Probate When You Make an Ontario Will
Decisions you make when you plan your estate affect how much your estate trustee pays Ontario’s Ministry of Finance while administering your estate. Life insurance, investments and other assets can be disbursed without paying estate administration fees by naming direct beneficiaries.
Probating a final estate is easier for your executor when you make a memorandum of wishes for personal property and real estate. While not legally enforceable, giving your wishes to your estate trustee along with your last Will and testament can prevent misunderstandings or hard feelings.
When you will your cottage to family in a valid way, you avoid protracted estate battles that can cause your executor to be frustrated in their efforts to disburse your estate the way you planned. We designate your choices for personal representative, estate trustee or executor and their alternates or substitutes to prevent confusion.
You receive a final copy to distribute as you wish to executors, next of kin or friends.
Find a probate lawyer in Ontario.
Low Cost Flat Fee Legal Services
Axess Law’s flat fee legal services save you money by giving you only services you require. Your final bill is all-inclusive, with no hidden extras or surprises. Using Axess Law is the convenient way to make new Wills every time your financial or personal situation changes.
With new Wills starting at $199.99 and up plus HST, making confusing handwritten changes or codicils to a professional Will is unnecessary. We draft basic Wills in a matter of days.
Bring your spouse for reduced rates from just $149.99 each and up plus HST. Make individual or mirror Wills. We explain the difference when you arrive at your
appointment.
Need power of attorney for personal care and property (financial assets)? Remote, online video calls for both power of attorney and a Will are $249.99 each and up plus HST. Or for $299.99 each plus HST, we can meet with you in person and give you a complete Wills and power of attorney package.
Beat the cost of Wills services in Ontario.
Book Online or Phone Toll Free for Appointments
Appointments are quick and easy to make. Axess Law locations are open 7 days a week. Use our online booking form or dial our 647-479-0118 lawyer line (toll free to 877-402-4277) for day or evening appointments. We have onsite parking and major transit access nearby.
Meet in person at Axess Law locations in Greater Toronto Area or Ottawa or arrange virtual Wills services from the comfort of home or office. Our remote video conference services are secure and confidential. Virtual Wills are the simple solution to putting off making a Will at all.
Using Axess Law virtual Wills services.
