H. Peters Law Professional Corporation

H. Peters Law Professional Corporation Compassionate, accessible legal services delivered in a format that works for you- in-home, online, and outside regular business hours.

Wills & Estates - Employment Law & Investigations - Independent Legal Advice & Opinions - General Advocacy

11/12/2025

Did you know that November is Make a Will Month in Ontario?

The Ontario Bar Association launched this initiative several years ago to highlight the importance of having a valid Will. Multiple surveys done over the last decade have consistently shown that around half of Canadians do not have an Estate plan in place.

A 2023 survey done by the Angus Reid Institute suggests that as many as 80% of Canadians aged 18-34 do not have a Will. This percentage decreases with age, but even so, it’s estimated that 49% of Canadians aged 45-54 and 35% of Canadians aged 55-64 don’t have one either.

The most common reasons given for not having one?
- I’m too young to worry about it.
- I don’t have any major assets.
- The process is too expensive/time consuming.
- I don’t want to think about dying.

I want to address each of these points.

Understandably, if you are young and in good health, making a Will may not be a priority. However, tomorrow is not guaranteed. Accidents and illnesses happen.

Even if you don’t have any significant assets, there are certain steps that have to be taken to settle your affairs after your pass away. For example, your debts have to be paid, your bank accounts have to be closed, and your final income taxes have to be filed. If you don’t have a Will appointing someone to do this for you, the Court has to appoint someone, which can be an expensive and time-consuming process.

The cost of getting a Will done is much less than the cost of having the Court appoint someone to settle your Estate. It’s a small investment of time (a couple of hours at most) and money right now that can save your loved ones a lot of both down the road. A well-drafted Will prepared by a lawyer can reduce Probate fees and the likelihood of litigation against your Estate by making sure your wishes are expressed clearly.

As far as the last point goes— of course none of us want to think about dying. And yes, Estate planning can be a difficult and emotional process, but it doesn’t have to be. My top priority in helping you develop your Estate plan is your peace of mind and wellbeing. I’ll guide you through each step of the process in as much detail as you want, and answer any questions you have so that you can feel secure in your decisions.

If you live in Ontario and you have reservations about planning for this part of your future, I would love to be the person to relieve those concerns. Whether you’re ready to make a Will or you just want more information about the process, you can reach out to me by email ([email protected]) or phone (705-297-6626) to schedule an appointment.

03/18/2025

What’s the deal with Wills… Do I really need one? If I have one, how often do I need to update it?

These are questions I get asked all the time, and there isn’t really one correct answer to either of them, but I’d like to share some of my thoughts.

There are a few scenarios where I’ll always suggest getting a Will done as soon as possible: when you get married, when you have a child, when you become a homeowner, and when you acquire any assets or investments that have significant monetary value.

Likewise, there are a few scenarios where I’ll always suggest reviewing and/or updating your Will as soon as possible: when you get divorced or re-married, when you have another child, when you acquire any new valuable assets, and when you sell any valuable assets.

The general rule of thumb is that your Will “speaks from the date of your death,” meaning that it applies to everything that you own on the day you die. A well-crafted Will should include contingency plans to account for changes in your assets between the time you make your Will and the time of your death, but a “basic” Will doesn’t necessarily do this. It is essential to review your Will periodically to make sure that those changes are captured by the existing language, and to update it if they are not.

Here is an example: Let’s say you have three adult children and no living spouse. The total value of your entire Estate (i.e., everything that you own) is approximately $600,000 at the time of making your Will, and part of that amount is a cottage worth around $200,000.

You want your Estate to be split equally among your three children. You know that one of your children is particularly fond of the cottage, so you leave the cottage to that child in your Will as a gift. You also instruct your Estate Trustee to sell everything else that you own at the time of your death (i.e., the things that make up the remaining $400,000 of your Estate) and split the proceeds equally between your other two children. This would result in each of your children receiving an inheritance of roughly $200,000. One child would receive the cottage valued at this amount, and the other two children would receive cash.

Now let’s say that, for whatever reason, it becomes necessary for you to sell the cottage at some point during your lifetime, and you don’t update your Will afterwards. What will the child who was supposed to inherit the cottage be left with when you pass away?

If your Will does not provide for a replacement gift to that child, they won’t inherit anything. When you leave someone a specific gift in your Will (such as a property or family heirloom) but end up selling it or giving it away during your lifetime, the law basically assumes that you changed your mind unless your will includes a contingency plan.

One way around this would be to include a clause in your Will stating that if the cottage is sold during your lifetime, the proceeds from the sale should go to the child that was supposed to inherit it. If this isn't specified, the sale proceeds will still form part of your Estate, but they will be considered part of the “everything else” you instructed your Estate Trustees to split between your other two children. So you would end up with two children receiving an inheritance of roughly $300,000 each, and one child who receives nothing. Situations like these are completely avoidable, but often lead to breakdowns in family relationships and/or litigation against your Estate.

Your Will is more than just a set of instructions for how to deal with your possessions after you pass away. It also serves as proof that you have authorized someone, be it a family member or friend, to wrap up your affairs.

The to-do list after someone dies is extensive: bank accounts have to be closed, credit cards have to be canceled, leased vehicles have to be returned, final income tax returns have to be filed, utilities/cable/internet services have to be canceled, etc.

You can make these unpleasant tasks are much easier for your loved ones to accomplish by having a Will. Without proof of their authority to act on your behalf, they may end up having to obtain approval from the Court to do so. This can be costly, time-consuming, and add to their emotional burden during an already difficult time.

SO... if you’ve been thinking about getting your Will done or updated, this is your sign to do it. Call/text 705-297-6626 or email [email protected] to get the process started!

02/24/2025

Why choose H. Peters Law?

When dealing with me, your comfort and wellbeing are my top priorities. Having spent almost a decade working in traditional law firms prior to starting this business, I understand the immense burden that legal issues can place on your life.

Navigating the justice system is expensive, time-consuming, and comes with a significant emotional toll. Lawyers are usually very good at easing your mental load— it’s their job to take your problems out of your hands and fix them. Unfortunately, not all of them are as concerned with lightening your emotional load as you might like them to be.

Sometimes you just need someone who is willing to listen to your struggles and respond with compassion and sensitivity, and that’s who I am at my core. My motivation for doing this work comes from knowing that I’m helping to reduce suffering and making a difference in my clients’ lives.

My philosophy is that whatever outcome brings you the most peace of mind is the outcome we should be striving for. I respect the fact that a “win” is going to look different to different people, and I don’t let my own personal view of what “winning” means define my success. I appreciate the fact that sometimes, making a clean break is going to be more desirable than fighting to the bitter end.

As a completely solo operation, no issue is too small. Even those problems where you aren't really sure whether you need a lawyer, but would like some guidance. And if it's a problem I don't feel like I can handle, I'll help you find someone who can.

Call/text 705-297-6626 or email [email protected] to schedule a consultation today!

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Sault Sainte Marie, ON
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