Frequently Asked Questions (FAQs)
At Cactus Law, we know that legal matters can be complex. Below, we’ve answered the most common questions about our Wills & Estates, Civil Litigation, Corporate Law, and Real Estate Law services. If you don’t see your question here, feel free to contact us at (416) 250-6400 or book a free consultation.
General Questions
What areas of law does Cactus Law specialize in?
We provide legal services in:
✔ Wills & Estates – Wills, estate planning, probate, and power of attorney.
✔ Civil Litigation – Contract disputes, employment law, personal injury, and real estate litigation.
✔ Corporate Law – Incorporation, contracts, shareholder agreements, and compliance.
✔ Real Estate Law – Residential and commercial transactions, leasing, mortgage refinancing, and disputes.
How do I know if I need a lawyer?
If you are entering into a legal agreement, facing a dispute, or need legal protection, consulting a lawyer ensures your rights and interests are safeguarded. If you're unsure, book a free consultation, and we’ll help determine if legal action is necessary.
Do you offer payment plans?
We offer transparent pricing and flexible payment options for certain legal services. Contact us to discuss flat fees, hourly rates, and potential payment arrangements.
How do I prepare for my consultation?
For your first consultation:
✔ Bring any relevant documents (contracts, wills, legal notices, etc.).
✔ Have a list of questions or concerns about your case.
✔ Be prepared to discuss your goals and expectations.
Wills & Estates Questions
What is the difference between a will and an estate plan?
A will outlines how your assets should be distributed after your passing. An estate plan includes additional tools like trusts, powers of attorney, and tax strategies to protect your wealth and make the transition smoother for your family.
How often should I update my will?
You should update your will after:
✔ Marriage, divorce, or separation.
✔ Birth or adoption of a child.
✔ Buying/selling significant assets like a home or business.
✔ Death of a beneficiary or executor.
What is a Power of Attorney, and why do I need one?
A Power of Attorney (POA) allows someone you trust to make financial or medical decisions on your behalf if you're unable to. Without one, your loved ones may face legal hurdles to manage your affairs.
How long does the probate process take?
Probate can take anywhere from 6 months to 2 years, depending on the complexity of the estate and whether disputes arise. We work to streamline the process and minimize delays.
Can a will be contested?
Yes, a will can be challenged if there is evidence of undue influence, fraud, lack of mental capacity, or improper execution. If you need to defend or challenge a will, our legal team can help.
Civil Litigation Questions
What should I do if I want to sue someone?
✔ Gather evidence and documentation related to your claim.
✔ Determine if you’ve attempted to resolve the issue outside of court.
✔ Contact a civil litigation lawyer to assess your case and legal options.
What happens if I ignore a lawsuit filed against me?
Ignoring a lawsuit can result in a default judgment against you, meaning the court may rule in favor of the other party automatically. Contact us immediately if you’ve been served with legal papers.
How do I settle a dispute without going to court?
We explore alternatives like negotiation, mediation, and arbitration, which can be faster and more cost-effective than litigation. However, if settlement efforts fail, we are prepared to represent you in court.
How much does it cost to file a lawsuit?
The cost varies based on the complexity of the case. Some cases qualify for flat fees, while others are billed on an hourly basis. We discuss costs upfront and explore cost-effective legal solutions.
Civil Litigation Questions
What type of business structure is right for me?
The right structure depends on your goals:
✔ Sole Proprietorship – Simple, but personal liability risk.
✔ Partnership – Shared responsibility, requires a partnership agreement.
✔ Corporation – Provides liability protection and tax benefits.
We help you choose the best structure for your business.
What is the importance of a shareholder agreement?
A shareholder agreement protects business owners by defining:
✔ Ownership rights & responsibilities.
✔ Dispute resolution processes.
✔ Buyout and exit strategies.
Without one, disputes can lead to costly legal battles.
How do I protect my business from lawsuits?
✔ Ensure contracts are legally sound and clearly written.
✔ Follow employment laws to prevent wrongful termination claims.
✔ Maintain proper business insurance.
✔ Seek legal advice before major transactions.
Can I operate my business without a registered corporation?
Yes, but without incorporation, you may be personally liable for business debts and legal actions. We can help you incorporate and protect your assets.
Civil Litigation Questions
When do I need a real estate lawyer?
You need a real estate lawyer when:
✔ Buying or selling property.
✔ Reviewing contracts for potential risks.
✔ Handling mortgage refinancing or title transfers.
✔ Dealing with disputes over property ownership or leases.
What are closing costs when buying a home?
Closing costs typically include:
✔ Land transfer tax.
✔ Lawyer’s fees.
✔ Title insurance.
✔ Property tax adjustments.
We ensure transparency in all real estate transactions.
Can I cancel a real estate deal after signing?
Breaking a real estate contract can result in legal and financial consequences. If you need to cancel a deal, contact us immediately to understand your options.
What should I do if my tenant is not paying rent?
As a landlord, you may have legal grounds for eviction. However, Ontario's landlord-tenant laws must be followed carefully. We can help you navigate eviction procedures legally.
Still Have Questions?
If you need legal advice or more information, Cactus Law is here to help.