Wills in business during COVID-19 period


Posted On Aug 3 2020

Covering networth with strong wills during COVID-19 era? Fixating on the house over the neighborhood. Sure, you want a home that checks off the items on your wish list and meets your needs. Being nitpicky about a home’s cosmetics, however, can be short-sighted if you wind up in a neighborhood you hate, says Alison Bernstein, president and founder of Suburban Jungle, a real estate strategy firm. “Selecting the right town is critical to your life and family development,” Bernstein says. “The goal is to find you and your brood a place where the culture and values of the (area) match yours. You can always trade up or down for a new home; add a third bathroom or renovate a basement.” How this affects you: You could wind up loving your home but hating your neighborhood. What to do instead: Ask your real estate agent to help you track down neighborhood crime stats and school ratings. Measure the drive from the neighborhood to your job to gauge commuting time and proximity to public transportation. Visit the neighborhood at different times to get a sense of traffic, neighbor interactions and the overall vibe to see if it’s an area that appeals to you.

Light is something people often take for granted but this is something you should maximize in your home. Lighting comes second to location and this is something every buyer wants in a home. When preparing your home for sale, do everything you can to let the sunshine in. You want to make the interior of your house as bright and cheerful as possible. Increase the wattage of your light bulbs, take down the drapes, change the lampshades, clean the windows, and cut down the bushes outside that block any sunlight from coming in the windows. More light makes your home more sellable.

Most estate planning lawyers have had some increase in the numbers of clients wanting to create or update wills and they have worked out ways of meeting with clients in settings where social distancing can be observed, outside on patios or driveways, with masks, sanitizer, disinfecting wipes and separate pens. Most provinces have allowed remote signing of wills and powers of attorney in some form or other, but the consensus from a lot of professionals seems to be that remote signing procedures should be a last resort when it is completely impossible to meet in a live setting. When remote processes are used, they must be identified as to timing, since it is quite likely that once the emergency measures are lifted, at least some of the new techniques introduced during the emergency will be rolled back. See additional information on coronavirus news.

However, the advice remains that wherever possible, Wills and Codicils should continue to be executed in the conventional way, ie with two independent witnesses present in person with the will-maker. It is acceptable for this to be done with the parties a short distance from each other, whether outside or in adjacent rooms, or through a window or open door of a house or vehicle. Wills and Codicils can be validly executed within existing law as long as all parties have a ‘clear line of sight’ of each other throughout the signing process.

Start Investing: Investing is one of the best ways to increase your net worth, but a lot of people stay away from it because they’re scared of losing money. So instead of investing, they keep their money in a savings account. That’s great, and you should have some money in a savings account for emergencies, but the truth is: Money in a savings account loses value over time. See, the average savings account has a very tiny 0.06% APY (annual percentage yield), while inflation is around 1.7%. That means that each year, the money you have in a savings account is going to have less and less buying power. So, what can you invest in to stay ahead of inflation? Here are some options: Real estate, Peer-to-peer lending, Exchange traded funds (ETFs), Stocks.

On balance, lenders have remained cautious in their analysis of MAE (which is very complex and fact specific) and the use of the current COVID-19 outbreak to squeeze better terms from borrowers or for that matter to call an event of default. However, as the situation unfolds MAE will be something to keep an eye on, as will the question of whether lenders will come under increasing pressure to invoke MAE (notwithstanding the potential relationship and reputational implications of such action). Based on our experience, in real estate financing transactions, if an MAE has occurred it is very likely that other events of default would have also been triggered under the loan agreement, e.g. LTV or DSCR covenant breaches, and a lender will rely on those breaches to accelerate the facility or renegotiate more favorable terms, rather than relying on an MAE. See more info on https://techbullion.com/wills-and-covid-19-safeguarding-your-assets-during-a-global-pandemic/.

Last Updated on: August 14th, 2020 at 12:33 pm, by


Written by Marian Vasilescu