Contact Us
Please feel free to contact us with any inquiries. Regular office hours are 9:30 am - 6:00 pm, Monday to Friday.
We have moved!
Our new main location in Oakville is:
242 Kerr Street, Unit 2
Oakville, ON L6K 3B2
Tel: (905) 290-1965
Fax: (905) 257-8065
Email: office@nachlaw.com
Our other locations at the following addresses are by appointment only.
1200 Speers Rd., Unit 22 (West of Dorval)
Oakville, ON L6L 2X4
165 Dundas Street West (at Confederation Parkway)
Mississauga, ON
3029 Bloor Street West (at Royal York Road)
Toronto, ON
*Evening and Weekend Appointments are available at the two Oakville locations only.
Nachla Law Office specializes in all aspects of Family Law, and Family Law Litigation.
We specialize in all aspects of Real Estate, including Residential Purchases and Sales, Transfers of Title, and Refinancing. We also handle purchases and sales of Commercial Real Estate.
Wills should be updated, and possibly changed, periodically throughout your lifetime in accordance with your circumstances. We are pleased to answer any questions you may have, assist you with your estate planning, and prepare your Wills and Powers of Attorney.
We provide business services with respect to Incorporation. We also provide legal services related to Purchases and Sales of Commercial Real Estate, and Business Assets. Additionally, we review and prepare Commercial Leases.
At Nachla Law Office, we provide many other services, not necessarily detailed here in our web site, or below. These services include:
- Notaries/Commissions of Oaths
- Independent Legal Advice (in various areas of law)
- Invitation Letters (for Visitors Visa to visit Canada)
- Opinion Letters for Foreign Divorce
- Promissory Notes
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WILLS & ESTATES, POWERS OF ATTORNEY
A Will is a document that distributes your assets on death. A basic Will names the persons who will administer your estate, and names the Guardian for your children under the age of 18. Additionally, a basic Will contains provisions for distribution of the Residue of your estate, meaning all of your assets that remain after debts and taxes are paid.
Wills should be updated, and possibly changed, periodically throughout your lifetime in accordance with your circumstances. For instance, marriage usually requires you to make a new will, and of course, separation changes your situation and usually necessitates a new will.
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Probate
Probate is the procedure by which the Trustee(s) or Executor(s) that you have named in your Will is given a Certificate by the Estates Office that enables him or her to administer your Will. The term Probate is still used, however, in actuality it is now called a Certificate of Appointment of an Estate Trustee with a Will, or a Certificate of Appointment of an Estate Trustee Without a Will.
What happens if I should die and I did not make a Will?
Should you die without a Will (Intestate), probate procedures are more complicated, and the distribution of your assets according to Legislation, may not be what you want. A lack of a will may cause inter-family strife as family members argue about your intentions, which were not set out in writing. Often the greatest cause of concern is that there is no Guardian named for the children, and you have not personally chosen the person that will manage the funds for your minor children after your death.
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Powers of Attorney
Generally, a Power of Attorney is a document in which you name person(s) to act on your behalf in case you lose legal capacity to deal with your own affairs. Powers of Attorney give the person(s) named the right to do everything you can do, in your place, except make a Will.
There are 2 types of Powers of Attorney, both equally important:
Continuing Power of Attorney for Property
The Continuing Power of Attorney for Property deals with the management of all assets and debts in the Province of Ontario that are registered or held in your name.
The "Attorney" (not to be confused with lawyer or solicitor) that you name in your Power of Attorney is supposed to spend the money only on you and your legal obligations (like supporting your children) but there is no supervision of the Attorney.
Although there is some risk of abuse of power, that risk is small compared to the risk involved if you lose your ability to deal with your own affairs through illness or accident.
Continuing Power of Attorney for Personal Care
This is also often called "Living Will." In the Continuing Power of Attorney for Personal Care, you state who can make decisions affecting your health and personal care if you are incapable of doing so. That can include giving or withholding consent to medical treatment.
Often, people make a Continuing Power of Attorney for Personal Care for the specific reason that they feel strongly they do not want heroic measures if there is no hope for recovery from a vegetative or dying state. If this is your concern, it is wise to document your wishes in a Continuing Power of Attorney for Personal Care, if for no other reason than to ease the guilt of your loved ones should this issue arise.
What if I should become incapacitated and I do not have any Powers of Attorney?
If you should become incapacitated or otherwise unable to manage your affairs, and you do not have any Continuing Powers of Attorney, the Ministry of the Attorney General for Ontario has a department, namely the Public Guardian and Trustee, that will take over the management of your affairs even though you may be married and have close family. There are lengthy procedures to allow for the Public Guardian and Trustee to appoint one or more people to manage your affairs, however, this may not be the person(s) that you would have chosen. There may be inter-family conflict about who should act as your Attorney. Generally, having the Government step in and manage your affairs costs money, because the government charges for the management services.
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