General FAQ’s
Do you offer any free consultations?
Yes. On matters specifically involving family cases, we offer an initial thirty (30) minute FREE consultation. This will provide the opportunity for the lawyer to analyze your situation and gain a better understanding of the strength of your case, as well as the options available to you
How do I book an appointment with a lawyer?
You can book a consultation with our lawyer by simply calling our receptionist at 905-281-8600 or by sending us an email to info@kayanilaw.com.
Are walk-in’s welcome?
We strongly recommend that you book an appointment for a consultation due to the busy nature of our office. Without an appointment, we cannot guarantee that a lawyer will be available to meet with you. However, if a notarization of a document is required, please call our office thirty (30) minutes before arriving.
What do you charge for your services?
Our fees are dependant on the type of legal matter that we have the pleasure of assisting you with. Please refer to our Fees Schedule for the breakdown of the costs. Some of our legal services are charged on an hourly basis while others are a flat-rate. If you need assistance or further questions in regards to our fees, please call our office today to schedule your consultation
Do you accept credit cards?
Absolutely! We accept the following payment methods: cash, e-transfer, personal cheques, credit card, and/or debit card.
Wills and Estates FAQ’s
A Will is a legal document that sets out your wishes of how your property is to be distributed upon your death and who will oversee the administration of your estate.
Having a Will ensure peace of mind for you and your family and more specifically enables you to:
- Choose how your assets will be divided among your named beneficiaries
- Give specific items of property to specific people; and
- Appoint a guardian for your minor children.
- Do I need a Will?
Having a Will is an integral part of protecting your family from uncertainty and disruption at the time of your death. Without a Will, you are deemed to have died ‘intestate’ and Ontario intestacy law, specially the Succession Law Reform Act, will dictate how your property will be distributed upon your death.
- What is Probate and what is a Certificate of Appointment of Estate Trustee
Probate is a court process that confirms the validity of a Will. The Certificate of Appointment proves the authority of the Executor/Trustee (named in the Will) to administer the provisions of the deceased’s will or if there is no will, the Succession Law Reform Act lists who may apply to become the Executor of the estate as well as who the heirs of law would be.
The certificate of the court is relied on by third parties like financial institutions and land registry offices to confirm that the will can be relied upon and the named Estate Trustee has proper authority to act on behalf of the estate
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Are there Estate Taxes in Ontario?
There is an Estate Administration Tax that is payable in Ontario when the Application for a Certificate of Appointment of Estate Trustee is filed in the court. The rate is .5% on the first $50,000.00 of estate value and 1.5% on the balance of the estate. All assets that are owned by the deceased alone are subject to this tax. Jointly held assets that pass to the survivor, assets held in trust for someone else, assets with named beneficiaries like RRSP or RRIF accounts, life insurance with a named beneficiary are not included in the estate value as the basis for the tax calculation.
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What is a Power of Attorney and do I need one?
A Power of Attorney is a legal document in which you give someone you trust the right to make decisions for you if something happens and you are no longer able to look after matters on your own.
There are two types of Power of Attorney:
- Power of Attorney for Personal Care – concerns about your health care, housing and other aspects of your personal life if you become mentally incapable of making these decisions.
- Power of Attorney for Property – concerns decisions about your financial affairs.
You don’t have to create a power of attorney, but if something happens to you and you don’t have one, other arrangements will have to be made.
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How much does a Will cost to prepare? For a simple Will, Kayani Law Firm charges $350 + HST for an individual and $600 + HST for husband and wife. A Power of Attorney for Property and Personal Care is included with the Will at no additional cost.