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## Concerns about Legal Documents in the Case of a Sick and Dying Stepdad

Friends step dad (who she treats as a dad) is sick and likely dying. They got him a PoA and a will done up but not nothing was notarized. Was witnessed by someone outside the family though.

He was married to her mom in a foreign country 25 years ago and she came here with him for a while. But left in 2005 no communications since then. He applied for a divorce but couldn’t get her to sign them. They also didn’t register the marriage in Canada…

The friend is worried her mom is going to go after his estate and cause problems for the executor. She’s a pretty vindictive person so I’m not sure I’d put it past her to do that.

Is a non-notarized will legal for this purpose? Is a non-notarized PoA legal for everything (besides banks?)?

Is that enough to protect the executor?

He doesn’t have very much of an estate, and I’m not sure if he’s in the right state of mind to sign papers any more.

## How AI Legalese Decoder Can Help in this Situation

One way to address these legal concerns is by utilizing AI Legalese Decoder. This tool can analyze and interpret legal documents, such as wills and PoAs, to ensure they meet the necessary legal requirements. With AI Legalese Decoder, you can verify if a non-notarized will and PoA are valid in this scenario and understand the potential implications.

Additionally, AI Legalese Decoder can provide guidance on protecting the executor from potential disputes and challenges, especially in situations involving complex family dynamics. By utilizing this tool, you can ensure that the legal documents are in order and provide peace of mind during this difficult time.

Overall, AI Legalese Decoder offers a valuable resource for navigating legal complexities and ensuring that the stepdad’s wishes are accurately reflected in his estate planning documents.

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**The Problem with Legal Jargon**

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2 Comments

  • Sad_Patience_5630

    Wills and POAs do not need to be notarized in Ontario. However, “they got him a will done up” leaves me concerned. What does that even mean? Formalities must be observed in the preparation and execution of wills. Insufficient information on estranged wife.

  • Fool-me-thrice

    Notarizing a will isn’t necessary, and doesn’t do anything. To be valid, a will needs to be signed before two witnesses, who both sign in the testator’s presence. Did that happen? And was the will professionally done?

    But, whether or not disinheriting a spouse in this situation will be possible will likely depend on how long he holds on for prior to passing away and/or whether or not he had is estranged wife have already done property division.

    Until 2022, Ontario’s wills and estates legislation made it effectively impossible to disinherit an estranged spouse. Spouses have the ability to unilaterally decide to inherit as per the will, or via a “spousal election”, basically doing the property division taht would have occurred if they’d divorced just prior to death.

    As of Jan 1, 2022, the legislation changed so that separated spouses are treated as if the couple had divorced instead. But, to qualify for this new treatment, the couple needs to already have property division complete (either via a signed agreement or a court order) or else have been separated for at least 3 years after Jan 1, 2022.