Real Estate. Wills. Estate Matters.
Real Estate.
Wills.
Estate Matters.
We help clients navigate their legal experiences smoothly.
Leave Nothing To Chance
Our experienced team will ensure the decisions you make produce the outcomes you expect.
Meet Your Trusted Legal Partners
Committed to guiding you through every legal milestone
We specialize in residential real estate, wills, powers of attorney, and estate administration. Our team members are fluent in English, French, Ukrainian, Polish, and Russian. Customer service and respect are integral to what we do.
If you are looking for cost-effective legal services without sacrificing personal attention, request a consultation, contact us, or read through some of our services in greater detail.
Real Estate
Legal services for real estate buyers and sellers
We act for private lenders, buyers and sellers of new and resale properties, including condominiums, recreational properties, vacant/development land, and investment properties.
Our services include:
- Advising clients on the process involved in buying or selling a property.
- Drafting leases and agreements of purchase and sale for private transactions and mortgages.
- Advising with respect to agreements of purchase and sale; and addressing matters necessary to complete purchase, sale, and refinance transactions.
We are also happy to advise realtors, mortgage brokers, and lenders in all aspects of real estate transactions.
Wills
Wills & Powers of Attorney
We also provide estate planning services and advice for parents/guardians of children with disabilities, with respect to benefits offered under the Registered Disability Savings Plan and trusts and other options designed to preserve government entitlements after receiving an inheritance.
Estate
Estate planning and administration services
We also advise surviving spouses/beneficiaries of the rights they may have regarding the deceased’s estate.
Frequently Asked Questions (FAQs)
What are your fees for real estate?
What are some of the other expenses associated with real estate transactions?
In addition to legal fees, there are other expenses associated with the transaction. During your initial call with Kirk Law Office, we would be pleased to identify which expenses apply to your specific situation. Some, or all, of the following expenses may apply and are typically coordinated by the law office:
- Real estate commission
- Land transfer tax
- Registration of ownership and mortgages
- Title insurance
- Title search
- Incorporation fees
- Couriers
- Tax Certificate and other due diligence required by the Lenders
- Levy issued by the Law Society of Upper Canada
When do I need to contact a lawyer for real estate?
What is the process for wills and powers of attorney?
What information do I need to collect for wills?
What happens if I don’t have a will?
Why is it important that I have a will?
When you die, your estate will be responsible for paying final income taxes and, if necessary, estate administration taxes. By creating a will in consultation with a lawyer, you can arrange the ownership of your assets and beneficiary designations to minimize income and estate administration taxes payable as a result of your death.
Appropriate Distribution of Your Estate
Having a will ensures that your assets will be distributed according to your wishes – not the government’s. If you were to die intestate (meaning without a will), your assets will be distributed according to provincial legislation. While the government’s rules might match your wishes, it is possible that the government’s distribution scheme does not reflect your intentions. By creating a will, you will be able to gift your estate to whomever you wish subject to certain restrictions. This is especially important when living in a common-law relationship because succession law is one of the only areas of the law in which common-law spouses do not enjoy the same rights as legally married spouses.
Custody
Who would you like to raise your child if something were to happen to both you and your child’s other parent? Your will is the place where you can make your wish known. Appointing a custodian for any minor children you have makes it more likely that person(s) will be granted custody of your children in the event that both you and your child’s other parent die.
Creating Trusts for Dependent Children
If you are planning for the future care of a disabled child or other relative, you must keep in mind the effect of your estate plan on the disabled person’s government entitlements and income tax consequences for the disabled beneficiary. If you were to die without a will and your adult child with a disability inherits money from your estate, his or her provincial benefits may be withdrawn until the inheritance is spent. Creating trusts (known as “Henson” trusts) in a will allows you to provide for the financial well-being of an adult child without affecting his or her government entitlements.
Why is it important to have powers of attorney?
What does it cost to have a will and powers of attorney drafted by a lawyer?
The legal fees for preparing wills and powers of attorney vary. A lawyer would need to discuss your particular circumstances with you to determine the appropriate fee. Please contact one of our lawyers for a fee quotation.
I have been appointed as Estate Trustee (Executor) of a family member’s will. What are my responsibilities?
Duties as an Estate Trustee include:
- making funeral arrangements
- paying outstanding debts of the deceased
- applying for appointment as Estate Trustee, if required for transferring assets
- locating and distributing the assets in accordance with the Will or as required for an intestacy
- filing tax returns for the deceased and the estate
If you were appointed as an Estate Trustee in the Will, you may renounce your appointment if you do not wish to act in this role. The steps required to renounce will depend on the circumstances. In the event if you are uncertain or wish to renounce, do not carry out duties of an Estate Trustee, or cease if you have begun to do so, and consult our office.
Is a lawyer always required when administering an estate?
Under what circumstances will a lawyer be required to assist with the administration of an estate?
Generally a lawyer’s knowledge and experience is helpful when applying for a certificate of appointment of an estate trustee or when there is stress resulting from family discord in connection with the administration.