Tuesday, August 15, 2017

3 Reasons Why You Need to Hire a Barrie Estate Planning Lawyer


There are so many variables and factors covering estate planning that an ordinary person may not think of that can lead to mistakes that can end up to long-drawn-out delays and extra expenses for you and your heirs. Investing significant time and effort to find a qualified Barrie estate planning lawyer to help you establish a solid estate plan can really make a huge difference.

With so many do-it-yourself legal documents and estate planning software that are being sold online and in retail supply stores, some people are being led to believe that they can handle all their estate planning needs all by themselves. Do you really need an attorney to help put your affairs in order, and organize your estate, in case you die or become disabled?

There are plenty of good reasons to get personal advice from a trusted and qualified estate planning lawyer.

There are unique laws pertaining to estate planning

In Canada, estate laws differ from province to province. These laws are very technical and very specific about what can and can't be included in wills and trusts, in healthcare or financial power of attorneys or in beneficiary or guardianship designations. There is also a standard process involved that require certain formalities to be followed when signing wills and trusts, or medical or financial power of attorneys. In addition, there are tax implications that may affect the value of your estate and how it is distributed after your passing.

If you plan your estate yourself, you’ll need to study the law, take into account other states’ laws as well since different states may have different laws and also keep up with frequent changes in the law to update your estate plan. That’s not a very easy thing to do.

If you hire a Barrie lawyer who specializes in estate planning he will be able to give you the most basic legal advice relevant to your specific needs at the very least. If your estate needs to address a number of specific concerns,  qualified attorneys can provide more comprehensive planning services, such as specific advice on tax implications and related laws on the guardianship of minor children, care for elderly or disabled dependents, or dealing with extensive real estate holdings or complex charitable gifts.

Estate planning involves a lot of very detailed work

The most basic estate plan should include:

     Will or Trust
     Durable power of attorney
     Beneficiary designations
     Letter of intent
     Advance Health Care Directive
     Guardianship designations

All these documents should be articulated in a way that is legally valid in your state and in other states’ laws to be considered legally binding and also to minimize heirs’ tax implications. Completing these forms will require a great deal of attention to detail. One wrong word or one missing signature can make the document invalid and could cause legal problems that can get expensive.

Estate lawyers are properly versed in the law and will know to use the right words and phrases to accurately convey your intentions, as well as the requirements for the proper execution of these documents in order to limit any possibility of misinterpretation and invalidity.


Estate planning involves many issues

The planning process involves heavy decisions that affect family members, your health care, the control of your business, finances and real estate properties. A relatively simple estate can be challenging enough to plan for. However, if your estate needs to deal with complex family or financial situations, such as divorce, second or late marriages, non-married couples, minor children, children/relatives with special needs, disabled family members, no heirs, multiple real estates, multiple businesses, a taxable estate, etc, then you will need legal and tax guidance to ensure that your estate will be taken care of properly in the event of your death or disability.


Planning your estate carefully requires critical knowledge necessary to maximize the value of your estate and make it immune to potentially hefty tax consequences and lengthy court processes. It’s best to seek the advice and services of a knowledgeable and experienced Barrie estate planning lawyer to guide you through the process to ensure that you protect your family from trouble in the future.

Friday, August 11, 2017

Consult With Toronto Insurance Defense Lawyers for Your Claims and Disputes

When you get into an accident or are brought into disrepute or danger in any way and you file a claim with your insurance company, you would naturally expect them to accept your claim to cover the costs of damage. That is, after all, the very reason why you bought insurance in the first place. In some cases, however, it is not always easy and you may find that the insurance company can either undervalue, under-pay, delay, or even completely deny payment of your claim without proper reason or warning. Toronto insurance defense lawyers can defend your interests when you are faced with any issues relating to your insurance coverage.

Insurance defense attorneys are highly specialized in the practice of insurance defense law. They have extensive experience in numerous areas of insurance claims and disputes, such as the following:

     Personal injury
     Health insurance claims
     Homeowner claims
     Condominium insurance claims
     Automotive disputes
     Insurance fraud
     Construction insurance claims
     Property damage
     Product liability
     Professional liability insurance claims
     Malpractice insurance claims
     Insurance coverage disputes
     Insurance class action defense
     Cybersecurity and data privacy
     Life insurance claims
     Disability insurance claims
     Bad faith claims

There are many different types of insurance and each may cover very different types of claims which will warrant their own types of disputes, depending on the way that the claims are paid or denied. Usually insurance companies provide common reasons for denying insurance claims:

     Your claim is not covered by your policy
     Coverage has lapsed for the time period specified in the claim
     Missing or incorrect information within the claim
     Your claim is perceived to be false, lacks legal merit, or is made in bad faith
     Related costs are considered excessive or unnecessary

To avoid these issues, it’s advisable to carefully read all aspects of your insurance policy and to  make sure that you fully understand your coverage and claims before purchasing any kind of insurance policy.

Practice Group Lawyers

In some cases, insurance disputes can be resolved by filing an appeal or working things out with an insurance representative. If your dispute cannot be settled in any of these ways, then you will need an experienced defense attorney to negotiate your position and, if necessary, take the claim or dispute to a court of law.

Many people passively accept denials of their insurance claims without question because they don’t want to go through the bother of appealing, negotiating and, possibly, litigating their case. This is why some people have the wise sense to consult with an experienced insurance attorney even before a claim is denied in order to avoid any possible denial.

As soon as you see these warning signs, make it a point to consult with an insurance defense lawyer immediately:

     The insurance company tells you that your claim has been transferred to a “special investigation unit”
     You have been asked to attend an “Examination Under Oath”
     Your claim remains unresolved after 6 months or more
     You notice that the insurance adjuster is asking you too many questions and/or asking for too many documents
     You feel that the insurance adjuster is showing cautious distrust and is suggesting or insinuating


A claim denial can be very disappointing and frustrating and going head to head with your insurance company for any type of dispute can be scary and intimidating. No doubt your insurance company will have their attorneys working for them. It would benefit you a lot if you have your own attorney fighting on your side. Toronto insurance defense lawyers understand the twist and turns of the claims process and are experienced in the courtroom and will take appropriate steps to protect your rights and, possibly, hopefully, change the outcome of your case.

Tuesday, August 8, 2017

Two Tips for Choosing Estate Lawyers in Toronto

For many Canadians who have not taken any step towards hiring an attorney to help them with estate planning, searching for the right legal professional may seem like a difficult task. However, if you are willing to invest significant time and effort you can find a lot of estate lawyers in Toronto who practice a wide variety of Estate Law in your province.

Estate planning can, at times, be a complicated task that involves figuring out a lot of deeply personal and, usually emotional matters, such as how to protect the interests of children or family members with special needs, and how to keep assets protected against threats from creditors, family law claims, and litigation from those who seek a bigger share of your estate. Having someone by your side who is knowledgeable and experienced to clearly understand your wishes and figure out how to protect your interests can greatly help to make the entire process bearable for you.

Here’s what you need to do to ensure you select an estate planning lawyer who will be the most suitable for you.

Choose an attorney who has particular specialization in probate and/or estate planning

Every attorney has expertise on a particular area of law. In matters of probate or estate planning, you’d want to limit your search to estate attorneys who are Estate Planning, Trust and Probate Law Certified Specialists. The professional certification signifies that an attorney has taken additional courses in the area of trusts and estates, has passed a lengthy written qualifying exam and has had at least five of years of experience practicing in this area of law.

Estates and trusts law in Canada require attorneys who practice in this field to be specialized and obtain basic instruction on these topics. In addition, continuing legal education and experience is also necessary in order to keep up with the changes on legal and tax implications, state rules for intestate succession, and various estate planning and estate administration issues.

Evaluate your needs to identify what type of probate and/or estate lawyer you need


Probate law and estate law are two different fields of practice. While both probate lawyers and estate attorneys understand the same substantive law, each differ in their area of practice. Probate lawyers focus more on  litigation and can help you with matters that involve the court, such as establishing the authenticity of a will, arranging a guardianship for an incapacitated person, and even prosecuting or defending your will if contested. Estate lawyers, on the other hand, deal more with transactional activities that involve planning for contingencies arising from incapacity or death. Many probate and estate lawyers choose to specialize in one area over the other, but not on both. On the other hand, there are some who do focus their practice on both areas of law.  

Evaluate your needs and determine if you need a probate lawyer or an estate planning attorney in order to make sure that you will hire an attorney with the proper expertise and experience to handle your specific legal matter.

Even if you have a relatively simple estate, it is always a good idea to consult with estate lawyers in Toronto. Estate and trusts laws in Canada are strongly influenced by so many variables and factors that you may easily fail to think carefully about before making a decision. Hiring the right attorney to meet your specific requirements will make a huge difference in preventing a variety of legal complications and unnecessary expense.

Thursday, August 3, 2017

Choosing the Right Corporate Lawyer in Barrie for Your Small Business

When you are starting a business in Barrie, Ontario, it is important to have a reliable corporate lawyer in Barrie right from the very start to advise you on complex legal questions and represent you in all types of business law matters. With the right expertise on your side, you can feel confident you’ve got your legal concerns covered as you focus on getting down to business.

Hiring and working with a lawyer can often be a daunting task however, especially if you’ve never worked with a legal professional before. Here are some tips on what you should look for in a business lawyer and how to deal with the attorney-client relationship:

Hire a lawyer early on

Many entrepreneurs who are starting put off hiring a lawyer until they find themselves in some kind of legal trouble. Attorneys charge high rates and many small businesses don't have much money set aside to pay lawyers, so it is understandable why they wind up using self-help resources instead.

While you certainly don't need an attorney for every step of running your business, there are a few situations when you are just starting out where you'll want or need the advice of a good corporate attorney. A few examples are when:  

  • If you are forming a partnership
  • Before incorporating your business
  • When you are entering into a lease
  • When you are planning on taking money from investors
  • When you are putting a product that might create some liability issues
  • When you are buying or selling a business
  • When you are hiring employees with access to company secrets or confidential information
  • When you are negotiating contracts with customers and suppliers
  • When you are raising capital

Basically, you will want to make sure to hire a lawyer before you do something that’s going to get you into trouble. Getting good legal advice is not free, but often it will save you money and help your business in the long run.

The best strategy for any start-up is to establish a client-attorney relationship early on,  even before an actual need arises. Start finding a good start-up attorney with a reasonable rate for basic services like an initial consultation or to get basic business formation and deliberately include those numbers into the budget as you get the funds together to start your business. The sooner you start getting good advice, the better off your business is going to be.

Ask about their fee structure

You need to plan for your business’ legal costs, so don’t hesitate to discuss payment arrangements with any potential lawyers you plan to hire. Basically you will want to know

  • how much the attorney charges,
  • how often you will be billed, and
  • whether the attorney may consider an alternative fee arrangement.

Most startups will deal with attorneys that will likely charge from $150 an hour for a junior lawyer at a small firm in a smaller city and up to $1,000 an hour for senior partners in big firms in major cities. Lawyers typically charge on an hourly basis and bill in ten- or fifteen-minute increments. So if the attorney charges $200 an hour, for example, he  will bill $50 for fifteen minutes of work and $100 for half an hour of work.The hourly rate is certainly a crucial part of the costs and is something to really consider when you are on a tight budget.

Choose the right fit

When making your final decision, keep in mind the following concerns to ensure that you select the attorney who will best meet your company’s needs:

  • Do you think you will feel comfortable working with this person on a regular basis?
  • Does the attorney have the right qualifications to help you?
  • Is the payment structure reasonable and within your range?
  • Do you feel that you can reach a level of communication between yourself and the attorney where you can freely confide sensitive aspects of your business?

Hiring a good corporate lawyer in Barrie is not just recommended but a necessity. He can negotiate leases for your office and retail space, provide copyright and trademark advice, draft software license agreements, oversee corporate meetings, ensure that your business complies with all related laws to avoid lawsuits and liability, and basically provide vital assistance in almost every aspect of your business.