诚实 & 守信
JZW律师简介- JANICE QING ZHANG
Janice Zhang 律师作为JZW Law 律师事务所的创立人，持有加拿大安省律师和中国律师执业资格，拥有多伦多大学和英国
大后，Janice 继续致力于公司法领域的研究和深造。Janice 目前是安省律师协会和加拿大律师协会的会员。
The answer to this question may be summarized as follows (only for your reference
- If you do not have a will, you cannot appoint the executor who will administer your estate upon your death, and the person to fill this role will be appointed by the court.
- If you do not have a will, you cannot appoint who to be the beneficiaries and what to receive of your estate. Provincial legislation instructs who shall be entitled to inherit. For example, if you have a common law spouse or same-sex partner, he or she will not be considered your married spouse for division of your assets.
- If you do not have a will and your minor children who are under 18, the children’s parts will be payable to the court, and to be held until the children reach his/her eighteen (18) years old. However, your children will take the estate when they are eighteen (18) whether or not they are able to manage the property. Without a will, you can not set up trusts to maintain the property on behalf of your children or other family members to make regular payment for the cost of living and education.
- A well-draft will may result in reasonable deduction of probate fee, both at the time of your death and following your death, which would not be available without a will.
Only ground for divorce – breakdown of marriage, to be established by on one of reasons:
- 1. Separation at least one (1) year before the proceeding is determined, separation agreement duly signed.
- 2. Adultery; or
- 3. Physical or mental cruelty.
- 1. Discuss possibility of reconciliation before application or when separation agreement is signed;
- 2. Promote negotiated settlement of all matters corollary to a divorce, including child support and spousal support, property rights, etc. ;
- 3. Suggest each party has his/her own lawyer to represent his/herself;4. Encourage settlement all the time;
- 4. Preparation of your application for divorce to the court; to answer or to reply wherever required during the trial proceeding.
SPECIAL INSTRUCTIONS FOR NOTARY CERTIFICATE TO BE USED IN CHINA
外国公民（包括外籍华人）拟送往中国使用的文书，驻多伦多总领馆不予直接公证，有关文书应先送交当地公证员（Notary Public）、律师或监誓员（Commissioner of Oaths）办理公证， 部分加拿大联邦或地方政府出具的文书原件（如结婚证明、出生证明、死亡证明、无犯罪记录证明等）以及高校的毕业证书原件，无需办理公证（详情请自行咨询加拿大外交部文书认证处）。
Ministry of Government and Consumer Services
222 Jarvis Street, Main Floor, Toronto ON M7A0B6
Tel： (416) 325-8416 Fax： (416) 325-8434
- In Ontario, only lawyers are allowed to register the rights to the title of property. That’s why you must find a good lawyer to help if you have any issues and close your deal smoothly.
- Main tasks of the lawyer:
- After you retain the lawyer, your lawyer would review your Purchase & Sale Agreement and make sure the deal would be closed on time as agreed in the Agreement.
- Lawyers do title search, other searches (if applicable); obtain title insurance, prepare for closing documents for your execution and register your title to the property, meet post-closing requirements.
- Accept your bank/mortgagee instruction, and prepare the closing document on behalf of the bank/mortgagee, arrange of execution banking documents.
- Give clients instructions from time to time about what they need to do and prepare for the closing and make sure there would be no delay.
- Suggestion: Please have your mortgage approval and arranged about one month before the closing.