New condos
A condo you live in but don’t own yet
Many new Vaughan condos are sold years before completion. For months, sometimes longer, buyers live in the unit under interim occupancy before the building is registered. Your will and power of attorney need to work during that gap.
What you own during interim occupancy
As the Condominium Authority of Ontario explains, during interim occupancy you can live in the unit, but you don’t own it: ownership can only be transferred once the condominium corporation is registered. You pay the builder a monthly occupancy fee, not a mortgage. Until then, what you own is a contract with the builder and the deposits you paid.
If you die before final closing
The purchase agreement usually binds your estate. Your estate trustee may have to close the purchase, arrange financing, or deal with the builder over the deposit. A will that leaves “my condo” to someone should also cover your rights under the agreement, and should give the estate trustee power to complete a purchase and take a mortgage. Otherwise the gift may not work as you meant it to.
If you can’t sign at final closing
Final closing can come at short notice once the building registers. If you are ill, abroad or in hospital, a continuing power of attorney for property lets the person you named sign the transfer and mortgage documents. Lenders look closely at powers of attorney, so it should be properly made and witnessed. Our Vaughan real estate page covers the closing itself, and the general rules are on our wills and powers of attorney page.
Kleinburg and Nashville
Leaving a house in a heritage district
Part of Kleinburg and Nashville is the Kleinburg-Nashville Heritage Conservation District, designated under Part V of the Ontario Heritage Act. Owners need a heritage permit from the City for additions, alterations and demolition.
The rules pass with the house
Designation is attached to the property, not the owner. Your estate trustee and whoever inherits are bound by it just as you are. A beneficiary who hopes to replace an older house with a new one may not be allowed to, and the permit process takes time. That can affect what the house is worth and how quickly it sells.
What to put in your will
- If one child is to keep the house, how its value is counted against their siblings’ shares, and who sets the value
- Power for your estate trustee to hold, repair or rent the house while a sale is arranged, rather than being pushed into a quick sale
- Money for upkeep while the estate is being administered, if the house will sit empty
Papers to leave behind
Keep heritage permits, any agreements with the City and records of work done with your will papers. A buyer’s lawyer will ask for them, and an estate trustee who can produce them saves time and argument.
Why Wannes Law
A Toronto law firm that keeps you informed
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A licensed Ontario lawyer
Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.
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Fees before you commit
Instant online quotes and published flat fees, so you know the cost before you retain us.
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Every step explained
Plain-language explanations of what happens, what you provide and what we handle, at every stage.
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Direct access
Reach your lawyer and law clerk directly by phone and email while your matter is underway.
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Sign in person or remotely
Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.
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English, Armenian and Arabic
Talk through your matter in the language you are most comfortable with.
Packages
Flat-fee packages for Vaughan clients
Every package includes estate planning advice from a lawyer licensed by the Law Society of Ontario. You sign at our Toronto office, or at home for $500 + HST where a medical or mobility reason makes coming in difficult.
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Single will package
A will and both powers of attorney. The right starting point if you have just taken occupancy of a new condo.
$1,000 + HST -
Couples wills
A will and both powers of attorney for each spouse, with matching guardians for young children.
$1,750 + HST -
Power of attorney package
For parents in the family home whose wills are already in place.
$500 + HST -
Will, or primary & secondary wills
A will alone, or two wills to keep private company shares out of estate administration tax.
$750 or $2,500 + HST
Woodbridge, Maple and Thornhill
The family home, the parents in it, and the York Region court
For many Vaughan families, the parents’ house is the largest asset and the one most likely to cause disagreement. These are the points we raise.
Parents who are getting older
- Both powers of attorney, signed while they are well; Ontario’s power of attorney guide sets out the basics
- Deciding whether children act together or separately, and who is the backup
- A hospital visit, for example at Cortellucci Vaughan Hospital, where a parent can’t come in
The house
- Whether a child living there may stay, and on what terms
- Whether it is sold and the proceeds shared, or one child can buy the others out
- How it is owned now; adding a child to title has consequences
Probate in Newmarket
- Filed where the person lived: for Vaughan, the Newmarket courthouse, 50 Eagle Street West
- Applications can be filed by email
- Our Vaughan probate page explains the process
Fees
What it costs
A home or hospital visit in Vaughan adds $500 + HST, only where a medical or mobility reason makes coming in difficult. The person making the will must have full mental capacity. Services in English, Armenian and Arabic. See all our legal fees.
Get your instant quoteQuestions
Vaughan wills questions
I’m in interim occupancy at a VMC condo. Can I leave it in my will?
Yes, but until the building registers you own a contract with the builder, not the unit. Your will should cover your rights under the purchase agreement and give your estate trustee power to complete the purchase.
Who signs at final closing if I’m in hospital?
The person you named in a continuing power of attorney for property. Without one, no family member can sign for you, and the closing may be delayed while someone is appointed.
Can my children tear down my Kleinburg house after I die?
Only with the City’s permission if it is in the Kleinburg-Nashville Heritage Conservation District; demolition needs a heritage permit. Plan the will with that in mind.
Where is probate filed for someone who lived in Vaughan?
With the Superior Court of Justice in Newmarket, which serves York Region. The application can be filed by email.
Do you have a Vaughan office?
No. Our office is in Toronto, at 3319 Sheppard Ave E. The call and draft review can be done by phone and video; you come in once to sign, unless a medical or mobility reason makes that difficult.
Which package do I need?
Most people need the single will package ($1,000 + HST) or couples wills ($1,750 + HST), which include both powers of attorney. See our will packages for the details.
Areas We Serve
Wills across York Region and the GTA
We prepare wills for families in Vaughan, Richmond Hill, Markham and across the GTA. For real estate and other services in Vaughan, see our Vaughan page.
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Scarborough
Wills & powers of attorney for Scarborough clients. Our office is on Sheppard Ave E.
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North York
Wills & powers of attorney for North York clients.
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Markham
Wills & powers of attorney for Markham clients.
Here to help
Make your will fit the property you really own.
Choose a package and see the price, or book a free 15-minute call first.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic