CPA questions Canadian will with deceased attorney



My father lives in Toronto and I live in the US. He was told that because the attorney that drew up his will has passed away, that in order for the will to be valid he will need to see another attorney to draw up another will. I am an only child, mother deceased, his only heir. It is a simple estate: deposits and auto, no real estate. Is someone just trying to get more money from him or this true? Really appreciate your help.
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david ingram replies:

Wills law differs from  province to province and from  state to state.

I am not an attorney, lawyer, barrister or solicitor but unless the rules have changed, the lawyer who drew the will up being alive  has never been a rule that I know of and I did have offices in 30 states and five provinces including Ontario.

To be valid, an Ontario will must have two witnesses who are not beneficiaries.

If the will is verrrrry old, it should maybe be revised or relooked at, but even that would be unusual if you are the sole beneficiary.

In fact, if he wanted to put the deposits in joint tenancy with right of survivorship and the car is a $5,000 car, there would not be any reason for him to have a will. If it is an expensive car, even the car can be registered in joint tenancy.

Note that I do NOT recommend that he do this because you might run away with the money but it is a simple solution that many parents have with their children.

And, since the question refers to a 'CPA' questioning the will, I think that it is a US CPA that has told this to you rather than  someone telling your father,  n'est-ce pas? �


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