Welcome to our law office in Toronto’s Danforth neighborhood. Located in a vibrant, community-focused area known for its local shops and restaurants, we are proud to serve clients across the Danforth and the Greater Toronto Area.Our practice focuses on wills and estates and real estate transactions. We assist with estate planning and administration, as well as residential purchases and sales. Whether you are planning ahead, managing an estate, or completing a property transaction, we provide clear, practical legal advice.
Powers of Attorney
In case you are seriously hurt in an accident or you become seriously ill, you need a Power of Attorney, otherwise you and your family may incur significant expenses or lose control of your property, finances, and even the ability to make decisions regarding your personal care if you become physically or mentally incapacitated.There are basically two Powers of Attorney, one for personal care (medical decisions), and one for property (land, bank accounts, bills, investments, etc.).With a Power of Attorney, you can appoint one or more of the people you trust to look after you and your property instead of the Public Guardian and Trustee. This appointment can be made quickly and easily.If you have not signed Powers of Attorney, imagine the surprise when your spouse, child, or someone close to you comes to visit you and is told the Public Guardian and Trustee is now deciding the level of comfort and care to be provided to you!Without signing a Power of Attorney, if you should lose the capacity to make decisions regarding the level of care which you will receive or what is to be done with the family home or other assets, the Public Guardian and Trustee will be making decisions for you.Getting this power back in the hands of the people you trust can be costly and inconvenient if you have failed to sign Powers of Attorney for your property and personal care.If you sign a Power of Attorney you may choose any individual over 18 years of age to manage your property, and any individual over 16 years of age to manage your personal care should you become unable to act for yourself.If you have not completed Powers of Attorney, the process to regain control is very involved and will result in expenses and delays. If you have signed a Power of Attorney, both you and your family will be better off as these costs and delays can be avoided.Signed Powers of Attorney for property and personal care are important, and perhaps more important to you than having a Will!A small investment of your time now will ensure peace of mind for you and your family knowing that your affairs are in order!
Last Will & Testament
A Will is a document prepared by you during your lifetime to take effect upon your death. It directs how the various assets and possessions you own will be disposed of when you die.Everyone should ensure that they have a valid legal Will for at least two reasons: to state where your assets go, and who would be the guardian of your children.If you do not have a Will, matters are likely to be much more difficult and costly for your family. In addition, your assets may not be distributed in accordance with your wishes!While a lawyer is not necessary to prepare a Will, obtaining proper legal advice is strongly advised. Certain situations make it more imperative that a lawyer becomes involved, such as:
Second Marriages – requires legal advice, because a prior Will may not be revoked and leave property to a former spouse (the law changed on January 1, 2022);
Minor Children – parents/grandparents should make sure that children’s assets are protected for them until they reach a certain age;
Parties Who are Under a Disability – ask your lawyer about a Henson Trust;
Beneficiaries Who are Separated – both before and after a bequest, it is important to have the Family Law Act exclusion in a Will. A separated spouse may inadvertently obtain the entire estate and be entitled to act as an executor if a new Will is not prepared (this law also changed on January 1, 2022 but a “spouse” does not include common-law spouses);
Large Estates – including estates that have out of country properties or cottage properties, these should be given special attention because income tax consequences may come into play;
Children – you may wish to appoint a guardian, but you may also wish to specify who has access to your children during the guardianship period. Adding your children’s names to your assets may or may not be a good idea – there may be unintended legal and tax consequences.
Allan T. McCracken
Allan McCracken practices exclusively in the area of real estate, both residential and commercial, including condominiums, the preparation of wills and powers of attorney as well as estate administration.Growing up on his family farm instilled a strong work ethic in Allan. An avid participant in the political process, even as a boy, Allan poured his heart and soul into local and provincial politics, served as a Page at Queen’s Park, and worked one summer, as a teen, for a future Premier of Ontario. He went on to obtain an undergraduate degree in politics and then a law degree from Queen’s University in Kingston. During his stay at Queen’s, Allan was involved in many extracurricular activities in support of his interests in the Law. This included working in the Legal Aid program and serving on the Faculty Board.Called to the Bar in 1987, Allan is a member of the law firm of Mann, McCracken,& Associates and operates his own legal professional corporation, bearing his name.Active in community affairs, Allan speaks to church and school groups and lectures on legal topics at numerous education seminars, with a particular emphasis on serving our senior citizens who often do not realize the importance of having an up-to-date Will and Power of Attorney until they have attended Allan’s seminars. Over the years, he has been active in many clubs and organizations including the Kinsmen Club, The Chamber of Commerce, Business Network International, The Fraternity and two Agricultural Societies.Currently his interests include church work, politics and the Downtown Swim Club, where he was awarded the “Most Improved Swimmer Award.” He also volunteers for the Canadian Cancer Society.
Prashant R. Talpade
Prashant grew up in the financial capital of India in Mumbai. He attended the University of Mumbai, Shivaji University and the University of Toronto. He did his summer internship at the Office of the Public Guardian & Trustee in Toronto, Ontario where he learned ways to help differently abled individuals with cross-cultural backgrounds from various parts of society with their legal needs. He joined Mann McCracken and Associates as an articling student before becoming an Associate.He is fluent in four different languages (English, Hindi, Marathi, and Gujarati) and understands two more languages (Punjabi and Bengali).Prashant loves challenges and is a straightforward, down to earth, no-nonsense lawyer with the ability to work under pressure and understand the requirements of his clients. He can guide you through your legal issues professionally, keeping the time short with costs always in mind! His practical problem-solving approach has successfully helped save money for his clients both in and outside of a courtroom.He practices in the areas of Wills & Estate, Real-Estate, Family Law, Civil Litigation, Landlord Tenant Board, Small Claims Court and Collections.
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