Glossary
In Wills and Powers of Attorney
Intestacy rules are the legal rules that say what happens to a person’s estate if they die without a will.
In Ontario, the intestacy rules say that after all debts are paid, married partners get a share of their estate. Children may also get a share. If there’s no married partner or child, other relatives may get a share.
Married partners who are separated may get a share depending on:
- when they separated
- how long they’ve been separated for
- if they have a legal document resolving all their family law issues
The intestacy rules give nothing to common-law partners.
In Wills and Powers of Attorney
Joint tenancy is a way for 2 or more people to own real property together. When one of the owners dies, their share of the property goes directly to the other owners. It does not usually go into the estate of the person who died. This means that it’s not affected by their will or by the intestacy rules.
In Wills and Powers of Attorney
A legacy is a gift of a specific sum of money to a person or organization in a will.
In Wills and Powers of Attorney
To be married or to have a marriage means that 2 people had a marriage ceremony with someone that has the legal power to marry them.
A marriage ends only by divorce, annulment, or the death of one of the partners.
Being separated is not the same as being divorced.
In Abuse and Family Violence, Abuse of people with disabilities, Elder abuse, Health and Disability, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property
Being mentally capable means being able to make decisions for yourself about things like your:
- personal care, such as bathing and getting dressed
- health care and medical treatment
- property
A person needs to be mentally capable to make:
The rules about being mentally capable are different depending on the kind of decision or the kind of legal document they want to make.
In Abuse and Family Violence, Abuse of people with disabilities, Elder abuse, Health and Disability, Elder abuse, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property
Being mentally capable to make decisions depends on whether the decision is about:
- personal care, such as bathing and getting dressed
- health care and medical treatment
- property and finances
Mental capacity also depends on the type of document you want to prepare, for example:
In Abuse and Family Violence, Elder abuse, Health and Disability, Elder abuse, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property
A Power of Attorney for Personal Care is a legal document that lets you name someone to make decisions for you if you become mentally incapable. It’s sometimes called a “personal power of attorney”.
You’re called the grantor. The person you name is called your attorney.
Your attorney can make:
- decisions about your personal care, such as where you live, what you eat, getting dressed, washing and having a bath, and staying safe
- decisions about your health care that deal with:
- health-care treatments
- moving into a long-term care home
- personal care services in a long-term care home
In Abuse and Family Violence, Elder abuse, Health and Disability, Elder abuse, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property
A Power of Attorney for Property is a legal document that lets you name someone to deal with your money and property. You’re called the grantor. The person you name is called your attorney.
Your attorney can make decisions, such as:
- doing your banking
- signing cheques
- buying, selling, or leasing real estate
- buying consumer goods and services
They cannot:
- make or change your will
- make or change who’s a beneficiary on your insurance policy or a registered plan, such as your registered retirement savings plan (RRSP)
- make a new Power of Attorney for you
A Power of Attorney for Property can start working as soon as you sign it. Or, you can set limits. For example, you can make a Power of Attorney that lets your attorney only sign documents that are needed to sell your home or that lasts only while you’re on vacation.
In Wills and Powers of Attorney
Probate is the process of applying to the court after a person dies, so that the court can confirm:
- that their will is valid, if they made one
- the person who is named as estate trustee can act
If the person did not name an estate trustee, or died without a will, someone may have to apply for probate and ask the court to become estate trustee.
In Wills and Powers of Attorney
The law uses the term “real property” for property such as land, houses, or other buildings. It’s often called “real estate”.