Law

The significance of having a will drawn up

Published

2 years ago

June 12, 2022

sylvia J

Wills are written documents that are designed to speak for their creators after death. It expresses the manner in which you wish your property and assets to be dispersed after your death. In the event that you should pass away before your children reach maturity, it appoints a guardian who will care for them. Additionally, it provides additional precise instructions, such as your desired burial preparations, in the will. All of these are significant choices that you shouldn’t leave up to a game of chance. Despite this, a survey conducted in 2018 by the Angus Reid Institute indicated that 51% of Canadians do not have a will.

The good news is that it’s not as difficult as you might think it is. Everything you need to know to get yours in order is provided here for your convenience.

Who has a need for a will?

Wills are essential for those who have dependent children, property, or other assets. In addition, after it has been created and signed, it has to be revisited every three to five years to verify that it still reflects your life and the wishes you have expressed. Because of this, it is now possible for it to be modified to reflect any changes that may occur in one’s life, such as getting married, having children, a death in the family, getting divorced, or purchasing property.

When writing a will, what are some important factors to keep in mind?

Wills can be drafted in a variety of ways, each reflecting the individual’s choices with regard to their possessions and their legacy; nonetheless, there are a few components that are standard in all wills. These are the following:

Choosing a guardian for the children under your care. Choosing a guardian (or guardians) for your children who are under the age of 18 is one of the most significant decisions you can make in your will. If your children are under the age of 18, they are considered minors. It is possible that the talk may be challenging. The alternative, however, is as follows: in the unfortunate event that both parents die away unexpectedly at the same time, or if you are a single parent and pass away at an early age, a judge in a family court will be left to make the decision on your behalf. Even though the parents’ choice in a written will is not legally enforceable, a judge will almost always choose that individual to be the formal guardian of the child in the event that the parents pass away. (It is important to keep in mind that the regulations for choosing a guardian might vary from province to province.)

The process of selecting an executor. An executor is a person (or many individuals) who is tasked with the responsibility of administering an estate and ensuring that all of the instructions given in a will are carried out in accordance with the law. If you have a will, you should choose an executor. If you would rather have a friend or a member of your family serve in that capacity, you are free to make that appointment. Keep in mind that this is a function that might come with obligations that are both specific and time-consuming; therefore, it is imperative that you pick wisely. As a result of this, some individuals may decide to designate a competent third party, such as a lawyer, an accountant, or a trust firm.

What takes place if there is no will to govern your estate?

According to Canadian law, passing away without leaving a will is referred to as “intestate.” In practise, it implies that there are no explicit guidelines to follow in order to split or transfer your assets in the appropriate manner. Remember that if a person passes away without leaving a will, the regulations for administering their estate vary depending on the province or territory they lived in. Nevertheless, the procedure is typically time-consuming and costly.

Do you have insurance on your life?

Having the appropriate insurance is a critical component of a successful estate settlement. There are varied requirements for life insurance at each period of one’s life, ranging from the replacement of lost income and the safeguarding of an estate’s growth to the payment of funeral costs and meeting immediate financial necessities upon one’s passing. If you already have life insurance, you should double check that the beneficiaries that you have specified in your policies are also represented in your will, and that both documents are up to date.

Are you prepared to write your will?

It is not necessary for the creation of a will to be complex or expensive. In the event that you are unfamiliar with the procedure, the following are two typical and uncomplicated strategies to make one:

Create one of your own. Wills are valid as long as they are penned in the testator’s own handwriting and signed by the testator. Even though it is not required, having it signed by witnesses is almost always a good idea. If you want to avoid misunderstandings, you should attempt to be as detailed as possible when expressing your desires so that they cannot be taken in a variety of different ways. In addition, your intentions could not be carried out if you are not conversant with the law and give instructions that go against what is permitted by the law in the event that you leave a will.

Get a lawyer to write it up for you. This is often the most secure course of action, particularly if you have a significant amount of assets. A will can be written by a lawyer in such a way that it expresses the testator’s desires unequivocally and leaves no room for ambiguity or confusion. There is no one standard fee that all lawyers will charge, and even the same lawyer may have varied rates for the same service depending on the degree of difficulty of the case.

Once you have a will, you should store it someplace secure (for example, in a box that is resistant to fire, along with other vital documents), and you should also ensure that your executor is aware of its whereabouts. If you have an attorney draught it for you, they will normally maintain a signed original of the document even if you don’t want them to.

The most important reasons to draught a will

We take a look at some of the most compelling arguments in favour of writing a will, as well as the consequences for those left behind if you pass away without leaving a testament.

Draft a will that specifies who will take care of your children if you pass away.

When you write a will, your primary responsibility is not to decide how your estate will be split. You also have the ability to choose who will be responsible for the care of your dependents. You have the ability to choose legal guardians for them if they are under the age of 18.

In the event that you do not, the choice may be handed over to the family courts, which may select a person with whom you would disagree.

It’s possible that you’ve asked close friends or family members to stand in as godparents for your kids, but this doesn’t tie them in any way legally.

Learn more about the importance of creating a will for new parents.

Make sure that your kids have enough money to live comfortably.

You can establish arrangements to care for your children financially in the future, in addition to deciding who will be responsible for raising your children. This may involve setting aside funds for their schooling, ensuring that they receive a predetermined amount each year for clothing or hobbies, or building up a savings account for them to use when they are ready to purchase a home.

You should give some thought to establishing a trust in order to provide for your children since this enables you to exercise some degree of control over the circumstances under which your children get the money and how they spend it.

You can form a trust in one of two ways: either while you are still alive and do it while you are alive, or you can leave instructions for it to be established after your death and have it done after your death. Check out our comprehensive guide to will trusts to discover more about the many alternatives available to you, as well as how they operate and the potential costs involved.

Ensure the financial well-being of your dependents, including any stepchildren

The law specifies that only spouses or blood relations can automatically inherit if there is no will, thus even if your step-children are an important part of your life or even if they are the only children you have, they cannot inherit automatically.

You will need to include your step-children in your will if you intend to provide for them financially in the event that you pass away. The same rule applies to children you have taken in as foster care or any other dependents who could rely on you for financial assistance.

Protect your partner if you’re unmarried

No of how long you’ve been together, unmarried partners have no legal claim to anything from your inheritance unless it’s clearly specified in the will of the deceased person.

The creation of a will assures that your spouse will get their rightful portion of your inheritance upon your passing.

Ensure the safety of your house for your family.

In the event that you pass away without leaving a will, your unmarried partner and stepchildren do not immediately become eligible to inherit the family home if the property is in your name. This means that they run the risk of being evicted from the property.

You have the option of include them in your will and leaving them either a portion of the property or the right to continue living in the home.

Put an end to arguments within the family

If there is no will or if your preferences aren’t made clear, the process of dividing up an inheritance can unfortunately occasionally lead to squabbles and conflicts among the survivors of the deceased.

Contested wills may be harmful to the relationships that you have within your family, and they can also be costly if the decisions that are made regarding your estate are challenged in court.

If you have a will that is well-prepared, it can help you avoid these disagreements and prevent your passing from causing your survivors any further hardship.

Stay away from paying more inheritance tax than is absolutely necessary.

The amount of inheritance tax that will be levied on your estate is determined not only by the size of your estate but also by the beneficiaries you choose in your will.

Anything that is bequeathed to a person who is married to you or your civil partner is immediately free from inheritance tax. When compared to leaving property to other people, including your children and grandchildren as beneficiaries of your estate is likely to result in a lesser inheritance tax liability.

Discover more about inheritance tax, including its criteria, rates, and payers here.

If you’ve been married for a short time, you should draw out a will.

If you get married in England or Wales, your previous marriage will immediately be deemed null and void. This implies that, according to the rules of intestacy, your inheritance might wind up being shared between your new spouse and children from a prior marriage, which could lead to problems in the future.

If you get married in Scotland, however, your previous will is not instantly invalidated. This means that if you pass away, your new spouse may not inherit anything from your estate if you did not include them in your previous will.

Additionally, getting divorced does not nullify your will, which means that even after the divorce, your ex-spouse may still be eligible to receive from your inheritance.

As a result, it is important to examine your will on a frequent basis to ensure that it continues to accurately represent your circumstances, particularly after major life changes like as marriage or divorce.

Determine with whom you would feel most comfortable settling your estate.

You have the ability to appoint an executor, or many executors, inside your will. These individuals will be responsible for following out your last directives.

When you choose your executor in advance, you have the ability to pick the one who is most qualified for the job. In addition to this, it provides the executor with advance notice so that they can get ready.

Have a look at our guide to the probate process if you want to find out more about the duties that come with serving as an executor.

Specify the people you want to take care of your animals.

In the event that you die away, your pets, whether they be dogs, cats, or any other kind, would likely need to be cared for.

Only a few dogs have been known to inherit significant wealth, such as the German Shepherd Gunther IV, who was given a sum in the nine figures after his owner passed away in 1992. However, a more frequent practise is to choose a caretaker for them and set aside some funds to ensure that they have adequate nutrition and medical attention.

Take precautions to safeguard your digital assets.

These days, money in the bank and material possessions aren’t the only things that might be considered assets. Your digital accounts and online purchases, such as music, images, or websites, are also considered part of your belongings; nevertheless, if you do not account for them in your will, they may be lost forever.

Things like email accounts and social media profiles are also a part of your legacy; ask yourself whether you want the material to be safeguarded or deleted, and consider whether or not your executor will need access to any passwords, Direct wills UK.

You may find further information on this topic in our guide on the things you should include in your will, will writing service milton keynes.

Donate to a good cause.

If you are a donor to a charitable organisation, you could consider leaving anything to that organisation in your will.

If you leave more than 10 percent of your assets to a charitable organisation after you pass away, your heirs may be eligible for a reduction in the amount of inheritance tax they are required to pay as a result of your estate.

Law

Importance of Hiring a New York City Car Accident Lawyer

Published

2 months ago

March 8, 2024

sylvia J

Importance of Hiring a New York City Car Accident Lawyer

Car accidents are a common occurrence in New York City, often resulting in serious injuries and significant financial losses. In such challenging times, having a reliable legal representative can make a world of difference. Gregory Spektor & Associates P.C. is a leading law firm in NYC, specializing in car accident cases. Their expertise and dedication to clients make them a top choice for anyone in need of legal assistance after a car accident.

Understanding Car Accidents in New York City

New York City’s bustling streets and heavy traffic contribute to a high number of car accidents each year. Factors such as distracted driving, speeding, and reckless behavior often lead to these accidents. Injuries from car accidents can range from minor bruises to life-altering conditions, impacting victims physically, emotionally, and financially.

The Role of a Car Accident Lawyer

A car accident lawyer plays a crucial role in helping accident victims navigate the complex legal process. They provide invaluable support by:

Investigating the Accident: Lawyers gather evidence, such as police reports, witness statements, and medical records, to determine liability.

Determining Liability: They analyze the evidence to establish who is at fault for the accident, which is essential for seeking compensation.

Negotiating with Insurance Companies: Lawyers communicate with insurance companies on behalf of their clients to secure fair compensation for injuries and damages.

Litigation: If a settlement cannot be reached, lawyers are prepared to take the case to court and represent their clients in legal proceedings.

Why Choose Gregory Spektor & Associates P.C.?

Gregory Spektor & Associates P.C. stands out among other law firms due to their unwavering commitment to their clients’ well-being. Here are some reasons why they are the go-to choice for car accident victims in NYC:

Experience: With years of experience in handling car accident cases, Gregory Spektor & Associates P.C. has a deep understanding of New York’s laws and legal procedures.

Dedication: The firm is dedicated to providing personalized attention to each client, ensuring that their unique needs are met throughout the legal process.

Track Record: Gregory Spektor & Associates P.C. has a proven track record of success in obtaining favorable outcomes for their clients, securing the compensation they deserve.

Resources: The firm has access to a wide range of resources, including expert witnesses and accident reconstruction specialists, to strengthen their clients’ cases.

Seeking Compensation for Car Accident Damages

Victims of car accidents may be entitled to various types of compensation, including:

Medical Expenses: Compensation for current and future medical bills related to the accident, including hospital stays, surgeries, and rehabilitation.

Lost Wages: Reimbursement for income lost due to the inability to work following the accident.

Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the accident.

Property Damage: Reimbursement for the repair or replacement of damaged vehicles or other property.

Wrongful Death: Compensation for the family members of a victim who died as a result of the accident.

The Legal Process

After hiring Gregory Spektor & Associates P.C., clients can expect a thorough and efficient legal process:

Initial Consultation: Clients meet with the firm to discuss the details of the accident and their legal options.

Investigation: The firm conducts a comprehensive investigation to gather evidence and establish liability.

Negotiation: Lawyers negotiate with insurance companies to secure a fair settlement for their clients.

Litigation: If a settlement cannot be reached, the case may proceed to court, where Gregory Spektor & Associates P.C. will represent their clients in front of a judge and jury.

Types of Car Accidents in New York City

New York City, with its bustling streets and heavy traffic, is no stranger to car accidents. From fender benders to multi-vehicle collisions, the city sees a variety of accidents every day. Understanding the types of car accidents that occur in NYC can help drivers stay vigilant and possibly avoid them. Here are some common types of car accidents in New York City:

Rear-End Collisions

Rear-end collisions are among the most common types of accidents in NYC. These occur when one vehicle hits the rear of another vehicle. They can happen at intersections, in stop-and-go traffic, or when one driver is following too closely behind another.

T-bone Accidents

T-bone accidents, also known as side-impact collisions, occur when the front of one vehicle crashes into the side of another vehicle, forming a “T” shape. These accidents often happen at intersections when one driver fails to yield or runs a red light.

Pedestrian Accidents

Given the high population density in NYC, pedestrian accidents are unfortunately common. These occur when a vehicle strikes a pedestrian, often at crosswalks or while crossing the street. Distracted driving and failure to yield to pedestrians are common causes.

Sideswipe Collisions

Sideswipe collisions happen when the sides of two parallel vehicles make contact with each other. These accidents often occur when changing lanes or merging into traffic without checking blind spots.

Single-Vehicle Accidents

Single-vehicle accidents involve only one vehicle and can result from various factors such as losing control, hitting an object on the road, or experiencing a mechanical failure. These accidents can be particularly dangerous, especially at high speeds.

Conclusion

Navigating the aftermath of a car accident can be overwhelming, but having a trusted legal ally can make all the difference. Gregory Spektor & Associates P.C. is dedicated to helping car accident victims in New York City seek justice and fair compensation. With their expertise and commitment, they stand ready to assist those in need during their time of recovery and beyond.

Law

What Does The 3-Day Wait Period To Buy Guns Mean In CO?

Published

3 months ago

January 22, 2024

sylvia J

What Does The 3-Day Wait Period To Buy Guns Mean In CO?

The 3-day wait period to buy guns in Colorado has been a topic of discussion and debate for years, with varying opinions on its necessity and effectiveness.

Whether you’re a concerned citizen, a gun owner, or simply curious about this gun legislation, this article will provide you with a comprehensive understanding of the 3-day wait period in Colorado.

Background Checks and Public Safety

The 3-day wait period to buy guns in CO is a crucial step in ensuring thorough background checks and promoting public safety. By implementing this waiting period, individuals seeking to purchase firearms are subject to a comprehensive background check, which helps prevent firearms from falling into the wrong hands. You can find more about Colorado gun laws here:

https://www.thelawcenterpc.com/denver-gun-rights-lawyer/

During these three days, law enforcement has the opportunity to thoroughly vet the potential buyer, ensuring they don’t have a criminal record or a history of violence. This waiting period also allows for a cooling-off period, reducing impulsive purchases that could lead to tragic consequences.

The 3-day wait period is a necessary precautionary measure, giving law enforcement the necessary time to conduct proper background checks and maintain public safety.

Purpose of the 3-Day Wait Period

Contrary to popular belief, this brief delay when purchasing firearms in Colorado serves a crucial purpose. The 3-day wait period allows for a thorough background check on potential buyers. This extra time ensures that individuals with a history of violence or mental health issues aren’t able to obtain a firearm quickly.

It is a preventive measure that aims to prioritize public safety. During this waiting period, law enforcement agencies can thoroughly investigate the buyer’s background and determine if any red flags would make them ineligible to purchase a gun. This process helps to prevent impulsive and potentially dangerous individuals from obtaining firearms, reducing the risk of gun-related crimes and tragedies.

Second Amendment Rights and Gun Control

Despite the ongoing debate, it’s important to understand how Second Amendment rights and gun control intersect to have a well-informed discussion.

The Second Amendment of the United States Constitution guarantees the right of individuals to keep and bear arms. However, this right is not absolute and can be subject to reasonable regulation.

Gun control measures, such as the 3-day wait period to buy guns in Colorado, are implemented to ensure safety and prevent impulsive acts of violence. By requiring a waiting period, individuals have time to undergo background checks and mental health evaluations, reducing the risk of firearms falling into the wrong hands.

This measure aims to balance the rights of gun owners with the need for public safety, providing a reasonable compromise in the ongoing debate over gun control.

Impulsive Acts of Violence and Prevention Measures

Impulsive acts of violence can have devastating consequences, which is why it’s necessary to implement effective prevention measures.

The 3-day wait period to buy guns in Colorado is one such measure that aims to reduce impulsive acts of violence. This waiting period allows for a thorough background check to be conducted on potential buyers, which can help identify individuals with a history of violence or mental health issues. It provides a critical buffer that can help prevent impulsive acts of violence and potentially save lives in the process.

By imposing this waiting period, it gives law enforcement officials more time to gather information and make informed decisions regarding gun sales. This measure is not meant to infringe on Second Amendment rights but rather to ensure that guns do not fall into the wrong hands.

Controversies Surrounding the 3-Day Wait Period

Some argue that this waiting period infringes on their Second Amendment rights, claiming that it unjustly restricts law-abiding citizens from acquiring guns for self-defense. They argue that if someone needs to purchase a firearm, they should be able to do so without delay.

On the other hand, proponents of the wait period argue that it is a crucial safety measure. They believe that the waiting period allows for a thorough background check to be conducted, which helps prevent individuals with criminal records or mental health issues from obtaining firearms easily. They argue that this delay can potentially save lives by preventing impulsive acts of violence.

Despite the controversies, the 3-day wait period remains in place in Colorado.

Conclusion

Now you understand what the 3-day wait period to buy guns in Colorado means. It is a measure implemented to ensure background checks and public safety.

While it may be seen as a restriction on Second Amendment rights, it is also a preventive measure against impulsive acts of violence. However, controversies surrounding this waiting period continue to exist.

It’s up to society to strike a balance between gun control and individual rights to ensure a safer community.

Law

Why Plyer, Long, & Corigliano Are Your Trusted Partners

Published

3 months ago

January 18, 2024

sylvia J

Why Plyer, Long, & Corigliano Are Your Trusted Partners

In the dynamic landscape of business and legal challenges, having a reliable team by your side can make all the difference. Plyer, Long, & Corigliano stand out as pillars of support, ready to navigate the complexities and ensure your success. Whether you’re facing legal concerns, financial intricacies, or strategic decisions, this powerhouse trio is your go-to ally.

For personalized assistance tailored to your unique needs, for help, call Plyer, Long, & Corigliano. Their dedicated team is ready to guide you through legal intricacies, financial challenges, and strategic decision-making. With a commitment to your success, Plyer, Long, & Corigliano offer not just a service but a partnership in navigating the complex landscape of business. Don’t let uncertainties hold you back; empower your journey with the expertise of Plyer, Long, & Corigliano by your side

The Trusted Trio: Plyer, Long, & Corigliano

Understanding Your Needs

When it comes to addressing your challenges, Plyer, Long, & Corigliano take a personalized approach. They understand that each client is unique, facing distinct obstacles and opportunities. By delving deep into your specific situation, they tailor their services to meet your needs precisely.

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Legal matters can be daunting, but with Plyer, Long, & Corigliano, you’re in capable hands. Their team of seasoned attorneys brings a wealth of knowledge and experience across various domains. From corporate law to intellectual property, they provide comprehensive legal solutions, ensuring your business is not only compliant but also strategically protected.

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Why Choose Plyer, Long, & Corigliano?

1. Proven Track Record

Plyer, Long, & Corigliano have a track record of success that speaks for itself. Their satisfied clientele and successful case outcomes showcase their commitment to excellence.

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From legal counsel to financial planning, Plyer, Long, & Corigliano offer a comprehensive suite of services under one roof. This eliminates the need to juggle multiple firms, streamlining your business operations.

3. Client-Centric Approach

Your success is Plyer, Long, & Corigliano’s priority. Their client-centric approach ensures that your unique needs are not just met but exceeded. You’re not just a client; you’re a partner in success.

How to Reach Plyer, Long, & Corigliano

If you find yourself in need of expert legal, financial, or strategic assistance, reaching Plyer, Long, & Corigliano is straightforward. Simply give them a call at [insert phone number], and their dedicated team will guide you on the next steps to unlocking your success.

In Conclusion

In the ever-evolving business landscape, having the right partners can be the key to unlocking success. Plyer, Long, & Corigliano’s blend of legal prowess, financial acumen, and strategic insight positions them as the trusted trio you can rely on.