Property & Wills
Division
The Family Law Act S. 5 sets out that if two people are married, at the date of separation, any property accumulated over the course of the marriage should be divided equally.
There are also built in protections for a property called the matrimonial home, which could give a non-titled spouse half of the property even if the titled spouse brought it into the marriage.
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Under the Ontario Family Law Act, section 5 (6), individuals can claim that it would be unconscionable for one person to get half of the property if that person had incurred debts recklessly, etc..
People who are not married do not have automatic rights to property division that the given to married people. However, unmarried persons can claim remedies under the common law such as unjust enrichment and constructive trusts. This is a complicated area of law and would entail a number of different factors to be proved.
Wills
A will is a legal document regarding the directions of personal assets after one’s death. This document outlines the wishes of the deceased person for their property (how it will be distributed) and the intended care of any children.
If someone passes away without a will, and they have assets, it could be a long and complicated road to take for loved ones as one person would have to be appointed by the court to be the estate trustee. More often than not it is much less complicated and far better outcomes achieved if a will constructed prior to someone's passing.
Power of Attorney
A Power of Attorney is a legal document that provides someone else the right to make property or health care decisions on your behalf. They do not have to be a lawyer, they should be someone you know and trust. There are two types of powers of attorney, one for personal care and one for property. Powers provided in these documents can also be for a specific time duration unless it is meant to be indefinite. Powers of attorney can be revoked.