Wills, trusts and powers of attorney are three basic tools of estate planning. At Nolan Persaud, we will review your family and financial circumstances, identify your estate planning goals and develop an estate plan tailored to meet your needs.

Wills

A will is a legal document that allows you to express your wishes regarding how you would like your assets to be distributed after your death. It deals with your assets (including land, money, investments, and personal items), the names of those you wish to inherit these assets, and who you wish to administer your estate after your death. Probate is the process of obtaining the court’s approval of a will. Parents of minor children may wish to name a guardian or guardians who you wish to care for your children should you and their other parent die. Parents of a child with a disability may wish to consider the use of a testamentary trust to provide for your child into adulthood once both parents have died. As part of our business succession planning services, we may advise the use of multiple wills, one for personal assets and one for shares of a privately held business. Our lawyers will take your instructions, advise you of your options, draft the will and execute it properly, taking all necessary steps to ensure that is will be recognized by the court in the probate process.

Trusts

A trust can be a powerful tool for preserving assets and minimizing income tax. In a trust, the assets are owned by the trust, not the individual. Trusts can be a useful tool to manage and invest money for a disabled adult child, hold assets until a minor child comes of age, and hold and preserve assets, such as a home or family cottage.

Powers of Attorney

A power of attorney is a legal document that gives a person you designate the right to speak and act on your behalf in specific situations when you cannot do so yourself.

• A continuing power of attorney for property gives the person you name the authority to manage your finances in the case of your physical or mental incapacity.

•A power of attorney for personal care, also called advance care appoints a substitute decision-maker, to carry out your wishes regarding your end-of-life care or during periods of incapacity.

To arrange a consultation about a will, trust, power of attorney or any other estate planning need, please contact Nolan Persaud by e-mail or call 1 905-571-1774. From our offices in Oshawa we represent clients throughout the Durham Region of Ontario.

The estate planning lawyers of Nolan Persaud help individuals and families plan for the future. We review and analyze your situation, listen carefully to your concerns and create strategies for reaching your specific goals. An estate plan is more than a collection of documents. It is a way to remember people and organizations that are important to you, to provide for your children's future, or to safeguard the future of your business. Our custom-crafted estate plans are structured to minimize probate fees and taxes payable by the estate, and to preserve assets for your beneficiaries. No matter the size of your estate, we believe it is essential to have a will, a power of attorney for property and a power of attorney for personal care. Depending on your specific circumstances, you may also need a trust, help with charitable bequests or tax planning, or other estate planning services.

Our law firm provides comprehensive estate planning, probate and estate administration services, including:
• Wills, trusts and powers of attorney
• Probate
• Estate administration
• Planning for ownership of family cottages

Succession planning for privately held businesses
• Use of multiple wills
• Appointment of trustees
• Review of assets and beneficiaries
• Charitable bequests
• Tax planning Contact Our Oshawa Estate Planning Lawyers

To arrange a consultation about a will, trust, power of attorney or any other estate planning need, please contact Nolan Persaud by e-mail or call 1 905-571-1774. From our offices in Oshawa we represent clients throughout the Durham Region of Ontario.

Trustees

An estate trustee (or executor) is the person named in a will who is given the responsibility to manage a person's estate after death. It is not a simple task to wind up an estate and distribute assets to beneficiaries. It can be a complex and time consuming process requiring sound judgement and patience. If you have been named as estate trustee, you have specific legal and fiduciary duties. Failure to fulfill these responsibilities and comply with all applicable laws, deadlines and regulations can result in costly and complicated litigation.

The estate administration lawyers of Nolan Persaud have the knowledge and experience necessary to provide you with the advice and assistance to get the job done. We provide professional advice and assistance to clients who have been entrusted with the responsibility of administering an estate.

We can actively manage the process or advise you regarding issues, such as:
Winding up and administering the financial estate
Probating the will, if necessary
Obtaining releases
Opening an estate bank account
Paying final bills and settling claims against the estate
Preparing and filing of final tax return
Inventorying and managing estate assets
Identifying and locating next of kin and beneficiaries

Interpretation of wills and trusts
Asset distribution
Filing the Estate Information Return
Obtaining a Clearance Certificate from Canada Revenue Agency Contact Our Oshawa Estate Administration Lawyers

If you are an estate trustee, you can rely on Nolan Persaud for effective and efficient legal services. To arrange a consultation, please contact us by e-mail or call 1 905-571-1774. From our offices in Oshawa we represent clients throughout the Durham Region of Ontario.

Estate Planning is the process of anticipating and arranging, during a person’s lifetime, the distribution of their estate. Our estate planning team can offer expertise and different planning options.

Wills and Power of Attorney Fees:
Please contact our office to discuss fees.

*The need for an Insurance Trust, Spousal Trust, or Henson Trust may increase cost.

**This fee may vary. Blended families are increasingly common and each partner wants to ensure that when they die, their children, as well as their new partner, will be treated fairly and will receive as much financial support as possible. Estate planning to achieve these goals can be complex and this fee can only be estimated.

***This type of Will pertains to assets that will not be subject to Estate Administration Tax.

Also, a Will which appoints a trust company as Executor or alternate Executor may be charged at a higher fee due to the additional work involved.

Our Estate Administration staff can assist Executors with all post-death matters, including gathering of assets of the deceased, filing all necessary court documents, distributions to beneficiaries, and income tax returns.

Estate Administration Tax:
Under the Estate Administration Tax Act, 1998, the amount of tax payable to the Minister of Finance is $5.00 per thousand of assets up to $50,000.00, and $15.00 per thousand thereafter. The thousands are rounded up to the next nearest thousand.

Estate Administration Fees:
Determined in accordance with the suggested fee schedule for solicitors.

On the first $100,000 of the value of the estate (minimum $1,000.00) – 3%
On the next $400,000 – 1.25%
On the next $500,000 – .5%