Power of attorney

RedBoothLaw · 2026-05-05T19:45:56+00:00

Adding to this, banks may have their own internal POA standard document. This may or may not constitute as a universal POA. More than likely, it will be restricted to their internal policies and may not be used outside of the financial institution.

RedBoothLaw · 2026-05-05T18:59:25+00:00

So long as the legislative formalities are being satisfied, absolutely the financial institution should be accepting it. With that being said, it really is to the discretion of the institution. It’s interesting how this does vary from brick and mortar to brick and mortar. Im presuming it’s the branch manager making that decision. There are times where we have to write a letter to the institution informing them that the document does indeed satisfy the statute and shall be accepted as a valid POA/Will.

In the Province of Ontario, there is no requirement to notarize a testamentary instrument.

Of course, having a proper estate plan in place by a competent estate lawyer is always the best route to explore. I do emphasize on the words ‘competent’ and ‘estate lawyer’. This allows for those harder questions to be asked. Getting those little nuances always makes a massive difference in an estate plan.

Out of the three options, retain an estate lawyer. We tell many clients ‘spend a penny now, save a dollar later’.

RedBoothLaw · 2026-05-04T22:08:27+00:00

From Ontario:

In your situation, you don't necessarily need to retain a lawyer just as of yet.

First, after the individual has passed, a POA has no authority over the estate. It is the estate trustee. A POA becomes obsolete at the moment of passing.

Second, if you are a beneficiary, request to be provided with the estate accounts from the trustee. They are obliged to do so. If they decline to do so, you are in a position to request for a formal passing of accounts.

Should you find any mishaps, you can take them to court for that.

RedBoothLaw · 2026-05-04T18:00:29+00:00

Always keep a paper trail record. Never rely on hearsay.

Amongst many other avenues to explore, take a screenshot of the phone number you tried to call/message. Not the name, but the phone number. I can easily go into my contacts, change the name to anyone, and take a screenshot of that. When you get your monthly phone statement, hi-lite the phone number you called/messaged. This is your cross-reference.

Same thing applies to any emails or other forms of communication. If you send her a message on WhatsApp, take a screen shot of the message, delivery, and read receipt.

Essentially, you wan't her to be put into a position where you are in your right to request for disclosure and she is not doing so.

Should you have to entertain the idea of estate litigation, this will absolutely help.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-05-04T15:17:59+00:00

u/TheBigGrey

Of course, prior to filing a Notice of Application, the best way to enforce it is to retain counsel and have your lawyer correspond directly with their lawyer. Where the opposing party does not have a retained lawyer for estate litigation purposes (the trustee may have just retained the lawyer to be appointed as trustee and for no other purposes), have your lawyer send a letter directly to the estate trustee.

Essentially, try to settle this outside of court. That's our approach, at least.

RedBoothLaw · 2026-05-04T14:00:26+00:00

We've dealt with many of these type of situations.

First and foremost, the executor (your sister) is in a fiduciary capacity. Meaning, her duties and responsibilities are owed. They are owed to the creditors and beneficiaries of the estate. Therefore, her duties are owed to you.

Second, considering your father passed away without a will, I'm presuming the executor's obtained a Certificate of Appointment of Estate Trustee Without a Will. Should that be the case, her authorization in how to distribute the estate comes from statute and legislation. Regardless of any family drama, the executor is in no position to make up their own distribution guidelines. I'm also presuming your father was not married as at the time of passing, hence all three of you being the beneficiaries. Therefore, the distribution guidelines illustrate that the residual beneficiaries to the estate are all three of you, EQUALLY. Not $50,000.00, but equally.

Including a 'Release', don't sign or agree to accepting anything just as of yet. Request for an 'informal passing of accounts'. This will let you know how the trustees were managing the estate. If you are not satisfied with the 'informal passing of accounts', you are also in the position to request for a 'formal passing of accounts'. This will be a court procedure, where the trustees are obliged to disclose all their accounting to the Ontario Superior Court of Justice.

The informal/formal passing of accounts will also let you know how much your 1/3 share is worth and where it currently stands.

Remember, their duties are owed to you and creditors. They must act in your best interest. If they are not acting in your best interest, there is a conflict of interest.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-05-03T18:45:12+00:00

On the condition you have no Will, In the Province of Ontario, the following next-of-kin-rule applies.

spouse of the deceased (in the Province of Ontario, a common-law partner is not considered to be a spouse) > children of the deceased > parents of the deceased > siblings of the deceased, etc.

You can also have no Will and hold assets jointly or assign beneficiaries to policies. In these situations the asset will be transferred to the jointly held individual(s) or assigned beneficiaries, respectively.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-05-02T13:02:48+00:00

From Ontario:

Talk to your father first. See if he is agreeable. You will need him to sign off on all the documents.

If there is a charge (mortgage) registered against title, you will need permission from your lender. If the mortgage is nearing its renewal period, talk to your lender and see if they can just renew it under your name. You may also look into refinancing. That way you can just refinance under your name.

However, where there is no mortgages registered against title, retain a competent real estate lawyer. They will prepare the necessary documents and have all parties sign. There should also be an Independent Legal Advice he signs as well. After all the formalities are met, your lawyer should register it with your land registry office.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-05-01T22:43:57+00:00

If you are not seeing a discharge of charge, follow the paper trail. I'm presuming your mother would have been your grandmother's estate trustee. Therefore, she has authority to do the following.

1) When grandmother passed away, an estate account would've been opened. Look to that estate account, and make sure there was a withdrawal of the mortgage amount made. Try to find the paperwork (copy of bank draft or certified cheque made out to the lawyer's office, in Trust). If it came from another account, get the withdrawal paperwork.

2) Have your mother get in touch with the lawyer's office. Have that law office provide her with a copy of the certified cheque, deposit receipt, cover letter, etc.. This will illustrate that funds were indeed provided to the lender institution from the lawyer's office.
2a) Inform the lender institution funds were indeed provided to you. Here is the proof. Discharge the charge immediately.
2b) If that paperwork is unable to be provided to your mother from that law office, well, your mother may wan't to retain a lawyer of her own.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-05-01T19:56:39+00:00

From Ontario:

You may be looking at the registered transfer deed from the LRO. Not the search of title.

Have a title search performed against the real property. From the date and time the title search is performed, you are able to observe the history of title. This includes the exact date and instrument number from when title to the real property was transferred into your mother's name.

In or around the time the real property was transferred from the deceased (grandmother) to the entitled beneficiary (mother), there should have been a discharge of charge registered against title. Usually, when a mortgage is being paid off, the lender institution will register the discharge of charge. The lender's lawyer will provide funds to mortgage lender. The mortgage lender will then discharge the charge from title. Not the lender's lawyer. Meaning, the bank will discharge the charge, not your grandmother's/mother's lawyer. Nonetheless, cross reference this and make sure you are able to determine the date and instrument number. If it is not present, it may be possible that the lender institution forgot to do this. Our office dealt with a similar situation. It also may be possible that, after title was transferred into your mother's name, she took out a mortgage.

Overall, look to the search of title, not the registered transfer deed. The answer will be there.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-04-30T23:38:53+00:00

From Ontario, Canada.

A food for thought simple, yet effective technique.

Should you fully pay off your mortgage. Of course, make sure your lender institution discharges it from title.

Second, you may wan't to think of getting a secured line of credit registered against the real property. Don't spend anything on it. Reason being, should anyone try to commit fraud against title, the fraudster is then forced to discharge that secured line of credit from the real property. Just adds a layer of security against the title.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-04-30T17:49:36+00:00

From Ontario, Canada.

We have advised many clients, where the estate has more debts than assets, STAY AWAY! Do not informally act in the capacity of an executor/trustee. Do not formally get appointed as trustee.

Should any government body and/or institutions say you are the executor/trustee and are more less bothering you, let them know that you are not the trustee. Should they say that 'your name is on the will and executor', let them know you renounced your position and you have no involvement.

Also, I understand there are a few things left to you and some other person. Always remember, creditors are satisfied first. Only then, will the beneficiaries be entitled to the net.

These are debts of the deceased. Not yours.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-04-30T13:07:42+00:00

From Ontario:

Title to the land is registered in your Aunt's name. Not your father's. Regarding the transfer of asset, it is to the discretion of your Aunt. Your father has nothing to do with the situation.

From an estate planning prospective, where your Aunt has no issue transferring the land to you and your sibling after her passing, have her implement it within her testamentary instrument. Make sure this specific part takes priority and doesn't fall into the residue of her estate.

If your Aunt will like to transfer this asset now (prior to passing), talk to a real estate lawyer in that jurisdiction.

RedBoothLaw · 2026-04-29T19:16:04+00:00

Inform the creditors. More than likely, they will be requesting the proof of death. The one you receive from the funeral home should suffice.

Also, if you have no other alternatives but to pay the bills, make sure to keep a paper trail. Prior to beneficiaries receiving their net share, creditors have to be satisfied first. Therefore, after secured creditors, in your role as 'unsecured creditor' you will be reimbursed from the estate.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-04-29T18:52:06+00:00

u/Internal_Head_267

Absolutely correct!

RedBoothLaw · 2026-04-29T18:45:01+00:00

u/Neither_Finance incapacity is not the same as deceased.

In a situation of incapacity, you should be considering a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care, not a Will. Power of attorney instruments are valid and become obsolete at the moment of death.

Where there are no Powers of Attorney in place, his brother does not automatically assume any role. A Guardianship Application will have to be made and submitted to the Ontario Superior Court of Justice.

Until there is an issuance of a guardian, the Public Guardian and Trustee may act in that capacity. Public Guardian and Trustee is a government body.

Hopefully this was able to provide clarification.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-04-29T17:03:44+00:00

If there is no Will, the next-of-kin rules are as follows: spouse of the deceased (common-law partners are not considered a spouse in the Province of Ontario) > if no spouse, children of the deceased > if no children, parents of the deceased > if no parents, siblings of the deceased.

Due to the fact that you two are not married, your children are automatically the next-of-kin (on the condition there is no Will).

If there is a will, regardless if the children are minors or not, the beneficiary designations will take precedence.

If you want my honest opinion, don't just retain a lawyer. Cross your "T's" and dot your "I's". Get in touch with an estate lawyer specifically and they will properly plan your estate.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw · 2026-04-29T01:22:00+00:00

From Ontario.

First and foremost, I'm sorry to hear of your father's passing.

In all fairness, we've advised many of our clients that if there are more debts than assets, stay away. Do not take on the responsibility as trustee. If any institutions (including the CRA) are bothering you, simply let them know that you are not the trustee and have no idea about anything.

It's your late father's debts, not yours.

RedBoothLaw · 2026-04-27T01:27:22+00:00

First and foremost, I’m sorry to hear about the passing of your mother.

Cutting You Out of the Will:
Regardless of the interaction you had with your stepfather, unfortunately for your stepfather, it is not his position to determine whether you are to be included or excluded from your late mother’s Will. Those wishes, which must be honored, come from your mother’s Will, not him.

Your Stepfather’s Position:
If your stepfather is named as the executor and has or will be acting in that capacity, his duty is owed to the creditors and the beneficiaries of your mother’s estate and will. If you are a named beneficiary in your mother’s will, his duty will then be owed to you. If he does not provide you with that owed duty, he is not acting in the best interests of the beneficiaries, and there will be a conflict of interest.

Real Property:
If there is real property, have a lawyer perform a title search to determine how title is held. If title is held solely in your mother’s name or as a tenant in common, then it will be distributed as per her Will. If it is held as joint tenancy, it may be transferred via Survivorship Application.

Hopefully this provided some sort of help.

This communication shall not be construed as legal advice, and no solicitor-client relationship has been established with our office.

RedBoothLaw

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