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What happens when people die without wills in place?

Despite many people claiming to be aware of the importance of proper estate planning, nearly half of Canadian adults report not having estate planning documents in place. Ontario adults who die without the appropriate wills and other important documents lined up will have their assets and liabilities disseminated according to provincial law. This lack of planning is known to cause tension within families, so it is a good idea for people to consider the implications of procrastinating on or neglecting this important task.

There are many reasons people may not have wills drawn up. Some may believe they do not need one until they are older, sicker or have more assets to disseminate. Others may be avoiding uncomfortable conversations with family or procrastinating on the personal effort it takes to consider one's own death. Whatever the reason, putting this task off can be a mistake in many cases.

Buying by Power of Sale

Occasionally homeowners are unable to maintain the mortgage on a property. When this happens, I am often called upon by lenders to help. I am being retained by the lender to recover the funds that were borrowed, plus interest and costs. There is nothing nefarious about it. Most lenders give the homeowner ample opportunity through non-legal processes to get back into good standing. However, for a variety of reasons, the homeowner is unable to put the mortgage back into good standing. I will then issue a Notice of Sale to warn the owner that if the default is not cured, the property will be sold. When the warning period expires, I will then list the property for sale to others in order to recover the debt. You may be looking at purchasing a house from a lender who is selling the house using the authority granted to them under the power of sale provisions of the Mortgages Act.

Are you properly prepared to challenge a will?

Losing a loved one is understandably a very difficult and emotional time for most Ontario residents. Unfortunately, whenever there are disputes that occur in the aftermath of a loved one's passing, this can ratchet up tension and stress to unimaginable levels.

If you are now facing these daunting circumstances, it may benefit you to gain an understanding of all the ins and outs involved with the challenging of a will. There are several reasons you might have to potentially contest a will, including the following:

Failure to disclose often the source of real estate lawsuits

One of the most common reasons for legal trouble in a real estate deal is disclosure. Disclosure-related lawsuits tend to emerge when a purchaser discovers something negative about a home after moving in which should have been revealed under Ontario real estate law. The defendants in these suits may be inspectors, real estate agents or the former owner(s) of a property.

There are many issues that someone could complain about if they are not disclosed. This can include a leaking roof, pest issues, plumbing problems, zoning ordinance violations, building code violations or deaths that occurred on the property. In order to avoid a legal issue related to disclosure problems, it is wise for a seller to be forthcoming with any prospective buyers.

Keeping The Noise Down In Condominiums

There are many ways you can enjoy settling into a new condominium. However, dealing with a noise complaint probably isn't one of them.

More residents may be using outdoor terraces, BBQ areas, sporting grounds, or generally having more people over to visit as the weather gets warmer. It's important to know what to do if neighbours are making excessive noise, and interrupting the enjoyment of your new home.

Buying? Selling Too? Please, Not on the Same Day!

You already own your house, but you have a need to move. Perhaps your family is growing and you need more space. Perhaps you have retired, and you need less space. Perhaps you were relocated for work. Now what do you do? Most people will hire a real estate agent to find another house. There are many people who believe, as do many agents who confirm to them, that buying and selling houses on the same day is an efficient way to complete a transaction. The lawyers at Merovitz Potechin LLP, disagree.

The idea is fraught with danger. Here are 3 reasons why:

Condo Units Are Increasingly Popular Amongst Boomers

Baby boomers (generally those born between the late 1940s to 1960s) are beginning to show signs of downsizing. According to an article in the National Post, their millennial children (generally those born during the 1980s and 1990s) are finally beginning to move out on their own. This means that their parents can finally explore their real estate options now that they have an empty nest.

Getting Along With Your Condo Management Team

Most condo corporations have a set of rules and regulations for living in their properties. These rules should be provided to new owners before they take ownership of a unit. They are in place to ensure the continued enjoyment and safety of the property for all condo owners.

What is a condo declaration?

A condo declaration, as defined by the Condominium Authority of Ontario, is a collection of documents that allow a condominium corporation to be formed. Sometimes called a "declaration and description," these documents are filed with the land registry office as part of registering the condominium with the province. 

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Merovitz Potechin LLP
300-1565 Carling Avenue
Ottawa, ON K1Z 8R1

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