we're your law yer s.
And we protect what's important in your life.
And we protect what's important in your life.
Whetung Law Office has been defined by a tradition of dedicated, diligent and compassionate service to generations of families, professionals, small businesses and the community in the central Ontario region since 1949. We focus on real property law, wills, estates and trusts and business law, with a special interest in representing professionals, small businesses and families. The Firm includes the practices of William C. Grant (d. 1994) and Justice Timothy C. Whetung.
Angela is completing her final year of her law degree at the Windsor University and will be joining the firm for her articles in July, 2014. Angela joined the firm as an undergraduate student and from her experience with us, she decided to study law and we look forward to her joining the team. As a child of parents with a family business, Angela understands the issues facing businesses today and brings years of business experience in management and employment to the firm.
Please feel free to contact Angela.
As the owner of Whetung Law, Linda practices exclusively in the areas of real property, estate planning and administration and corporate and commercial law. She has a special interest in acting for Professionals, including incorporating and maintaining Professional Corporations, estate planning, partnerships and cost sharing agreements. She also acts as general counsel to First Nation councils.
Please feel free to contact Linda.
The last thing you need when selling your home is a surprise. We don’t leave things to chance. We are organized, prepared and strive to have you come in for your appointment days before your deal is set to close.
We look at your title before you sign the Offer to make sure there is nothing there which you don’t know about and which can impact or delay closing of your sale.
We talk to you about how to minimize mortgage penalties and capital gains tax. We take care of managing your closing funds so you do not have to run around doing banking on moving day. We take care of paying the real estate commission, the mortgage and any other encumbrances. Then we can deposit your money right into your bank account (if you want).
All you worry about is supplying the beer and pizza.
Most clients do not realize that the best time to engage a lawyer is BEFORE you sign the Agreement of Purchase and Sale (the "Offer") and ideally before you retain other professional assistants, such as a building inspector, realtor, contractor, surveyor or appraiser.
Whether you are buying or selling real estate, nothing you discuss with the other party is binding unless it is written in the Offer, so let us protect you by making sure that is the case. We also protect you by making sure any conditions, warranties and representations, bumping clauses and undertakings are legally binding and properly drafted. We work with your real estate agent to turn around a review of your Offer quickly. If you want to buy or sell real estate privately, we will prepare the Offer and walk you through every step of the process.
From negotiating the real estate deal; preparing or reviewing the Agreement; ensuring representations and warranties are included to protect you; - we keep you out of trouble by making sure you don’t make promises you cannot deliver.
With our experience and expertise, you can be confident that the deal you get is the deal you want.
Whether your NEST is a house, duplex, condo or cottage – buying or selling real estate is one of the most expensive, stressful undertakings in life. Why go it alone? Let us protect and guide you every step of the way.
We have 30 years of experience and have closed thousands of successful real estate transactions in the Peterborough area and throughout Ontario.
So before you sign on the dotted line to buy that peaceful, lakeside retreat we make sure you understand the implications of filled land, shore road allowances, private rights of way and docking rights.
And when you stand on the crest of that hill envisioning your dream home with sweeping views of the countryside, give us a call to talk to us about things that might interfere with your plans, such as: building restrictions, zoning bylaws, wetland conservation, quarries, well and septic permits.
Then when you finally reach that point in life when you can take it easy and are ready to downsize to that cute little condominium close to the city, you will want to understand how common expenses are calculated, what a reserve fund study is all about and director liability issues.
And for that first time home buyer, we get you. Everything can feel like a blur. Don’t worry – we understand Bankers, Mortgages, Land Transfer Tax exemptions and CMHC insurance and we can make sure you do too.
Moving is tough enough – let us take the worry out of the legal side.
When the inevitable happens, Whetung Law protects your family by ensuring that your estate affairs are wrapped up as quickly and painlessly as possible.
We have the expertise to know if your Will needs the approval of the Superior Court (Certificate of Appointment of Estate Trustee with or without a Will) and we are careful to cater our services in the administration of your estate to the needs of your Executor and Estate Trustee. We don’t “over lawyer” your Estate Trustees and encourage them to do as much of the administration as they can, however if they prefer us to take care of everything, we can do that as well.
We can assist in the liquidation of your assets, payment of your debts and the disposition of your estate to the beneficiaries named in your Will. We have the experience to mediate estate disputes with a view to avoiding litigation. However, if litigation is the only way to go – we help you find the right lawyer for the job.
If there is one certainty – it is that we all die. So let us help your family manage what is already a difficult time.
Making a gift to your child or spouse should be a wonderful experience. Unfortunately, few families understand the legal consequences of doing so. Gifts can trigger capital gains tax, Family Law Act, creditor and family relationship issues.
Whetung Law protects your family by helping your develop a plan for gifts. We ensure that you first consider tax, family law and creditor issues. Perhaps your gift is really a loan, not a gift. We make sure you understand the difference and what needs to be done to make your intentions clear.
If the gift is of real property, we also recommend planning for how that gift is to be shared after it is made. We have prepared co-ownership agreements for cottages so detailed that even responsibility for washing the dishes is defined. It may seem funny, but there is nothing funny about how a client’s failure to plan can destroy relationships between siblings. Parents believe they are doing the kids a favour; often the opposite is true.
Before you make a significant gift to a child or a spouse, let Whetung Law help you structure the deal.
Business Succession Planning is much more than just minimizing taxes, it can be an emotional and difficult time for the business owner and the next generation. Whetung Law brings the maturity and experience necessary to help business owners make tough choices.
In developing a succession plan Whetung Law protects your family by encouraging you to be realistic in your expectations of your successors: Whether they are your children or someone else. In our experience, this is one of the most challenging issues for clients to manage.
You may have partners and any plan must be mindful of your obligations to your partners and any legal agreements already in place, like Shareholders’, Cost Sharing or Partnership Agreements.
We also understand that the most successful entrepreneurs have devoted their entire lives to their work and have great difficulty in relinquishing control. Leaving things too late is often a great way to hurt your business.
Obviously, business succession is largely tax driven, but transitioning a business involves much more than that. We understand.
We tell our clients that valid Powers of Attorney are in many ways more important than your Will.
What is a Continuing Power of Attorney for Property? (PPOA)
A Continuing Power of Attorney for Property is a document in which you appoint another person or persons (the “Attorney”) to manage your property should you become incapable of doing so due to physical, or mental illness or injury. As long as you are alive, no one can sign documents or manage your property unless you 1) authorize them to do so or 2) they have been appointed as your Attorney for Property or 3) a Court has appointed them as your guardian (this includes your spouse and children).
What is a Power of Attorney for Personal Care? (PAPC)
A Power of Attorney for Personal Care (PCPOA) is a form of advance directive in which you appoint a person to make medical treatment or personal care decisions for you when you cannot express those wishes yourself. We can explain how to use “Living Wills” and Powers of Attorney for Personal Care as advance directives.
What happens if you do not have a Power of Attorney?
Well, if you don’t have a Property or Personal Care Power of Attorney, you can take credit for leaving your family in a mess. If you become incapable, your financial life can be shut down and your personal care decisions could be made by someone you would not have wanted to make those decisions. If you are single, it is even more critical for you to decide who manages your finances and makes medical decisions for you if you are incapable.
Don’t leave your loved ones in a mess – Powers of Attorney are simple and inexpensive to prepare.
The past decade has seen dramatic changes in Will and Trust law as the baby boomers’ parents pass on their wealth to the next generation and taxing authorities find more and more ways to relieve you of your inheritance. Couple this with the legal complexity of blended families, singles and common law relationships and you will understand why the days of the “simple will” are dead and gone. Estate Planning is more important than ever.
Whetung Law protects your family by bringing years of experience in drafting Wills, Trusts and implementing Estate Plans. Our strength is in taking the time to understand your unique family situation and having the knowledge to craft documents that meet your objectives.
Most clients know that they should have a Will, but most don’t realize that you should review your Will at least every 2 to 5 years. If your Will is the same one you did when the kids were little, you need to get organized.
There are a myriad of ways to plan for your ultimate demise. With the assistance of your tax specialist, we may recommend Multiple or Tertiary Wills. You may even be a candidate for Intervivos, Alter Ego or Joint Partner Trusts. You may need an Estate Freeze. At Whetung Law, we explain these complex legal documents in language you can understand.
Perhaps you have a family member with special needs: we take the mystery out of Henson Trusts and ODSP issues. If you have young children, you may want to have a Guardianship Memorandum as a companion document to your Will. If you are active in social networking, you will need to give others the legal authority to close your accounts after you are gone.
If you are a procrastinator about Estate Planning, the only ones who get hurt are those you leave behind.
We can help protect your family by ensuring that your legal affairs are organized and coherent. If something terrible happens to you, like death, disability, illness or insolvency, your family won’t face additional stress because you were not prepared.
Estate and Tax Planning, Wills and Powers of Attorney, Trusts and Business Succession Planning are just some of the ways in which Whetung Law helps you make sure that your family is protected.
We understand your special circumstances. Like the client with multiple citizenships; or those who own property outside Ontario. Whetung Law has the expertise to ensure that your affairs are structured to protect those assets, control how your estate is administered and how you are taxed in foreign jurisdictions.
As a Business Owner, you need specialized advice on succession planning to ensure that if something happens to you your business can be operated and managed in your absence. Similarly, Professionals need special provisions to ensure a smooth transition to a successor.
Blended families bring their own unique set of issues and balancing the needs of children from different relationships requires sensitivity and wisdom.
Your family is important. We have seen just about everything and we bring that experience to you.
If you need something which is not listed here, just contact us and we will let you know if we can help.
We can protect your future by ensuring that whenever you make an agreement (with family, friends or business associates) that agreement is put in writing and the written word reflects what the deal actually was. Making an agreement while you still get along goes a long way to minimizing disputes later (which will cost you a lot more to resolve without a legal agreement).
We have the experience and expertise to prepare a number of private and commercial documents to make sure that everyone is on the same page. A well-drafted document can save thousands in costs if the agreement falls apart in the future.
We are always amazed at the number of business owners who sign leases without reading or really understanding them. In our experience, even Landlords sometimes do not realize what obligations they have agreed to, until it is too late.
There are a lot of obligations buried in the commercial lease and they are all different. Before you jump in, let us protect you so you know what you are really agreeing to. Who is to repair the HVAC system if it fails? Who owns the trade fixtures? What is additional rent and how is it calculated? What constitutes default?
These are just a few issues which we can ensure you understand and agree to before you sign.
Buying or selling a business can be complex. We take the mystery out of the process and can help you decide whether you are better to buy or sell the shares or assets of a business. We make sure non-competition covenants are fair and enforceable and that there is a smooth transition if employees are part of the business. We protect you if real property or leased premises are part of the deal to ensure there are no surprises. We ensure that the warranties and representations you make are properly drafted and enforceable. Whether you are a professional buying a practice, selling your bookstore or buying that restaurant you always wanted to have; we make sure you are protected every step of the way.
We have a special interest in acting for professionals. Family Physicians, Specialists, Veterinarians, Dental Surgeons, Chiropractors, Physiotherapists, Denturists, Midwives and Lawyers; we protect them all.
As professionals ourselves, we understand that you are busy, tired and just want things done right the first time. We don’t waste time your time. We are fast and accurate, but happy to sit down and explain everything you need in detail whenever you want. We work closely with your accountant or tax advisor to ensure that you have the most effective tax plan in place. We incorporate and structure your Professional Corporation in ways which maximize your tax plan and we make your annual renewals easy. Just drop off the renewal and we will take from there.
We have prepared hundreds of corporate re-organizations and tax plans designed specifically for professionals. We understand what you need in your Will, Powers of Attorney, Cost-Sharing, Partnership and Associate Agreements to ensure a smooth transition of your practice if something happens to you. We help you acquire and develop property for your new office or protect you as you negotiate your lease.
Many professionals have not had the time to read and really understand their Family Health Team Agreements, Cost Sharing, Shareholders’ or Partnership Agreements. We not only understand them, but we can give you practical advice on managing disputes within the group, on dealing with the disability or the death of an associate or partner and how to get out, if you want to.
Whetung Law protects your business by making sure the transaction is done right and on time.
We love acting for small businesses. As a small business ourselves, we understand that you don’t want to break the bank every time you need legal advice. We have the experience and expertise in corporate and commercial law to manage just about any transaction; large or small.
And what our business clients really love about us is accessibility. There are times when you just need to reach out and talk to a lawyer about something small – we provide that service to our clients.
As one goes through life one attempts to surround themselves with people who exude the positive traits that are deemed important to them. Traits such as honesty, trustworthiness, a love of family, dedication, intelligence and a genuine desire to help others. In selecting a lawyer over 12 years ago these were the things my family looked for when seeking help with our legal needs. In our 12 years of dealing with Linda Whetung she has demonstrated all of these traits and more. Linda has a passion for her legal practice which comes out in our every encounter with her, that passion also extends to ensuring that the needs of her clients are met to the best of her abilities. Whether that’s translating legalese into layman's terms, or simply providing support to her clients, Linda is there. We look forward to our continued relationship with Linda.
About twenty five years ago we decided to purchase some land out in the country. Being new to the area we had to find a lawyer, and that is when we discovered Linda. What a fortuitous event that was! We were immediately impressed by how thorough she was in all that she did. However, the fact that she actually came out and walked the property, checking the survey etc. was the clincher. This was a young lawyer that we intended to stay with, and we have.
Linda handles all our legal work, both business and personal. Over the years we can only say that we “love her to bits!” She has always been there for us whenever we needed her help. Linda is such a warm caring person, that when you have a problem, no matter how small and inconsequential, she handles it. She handles it as if it is the most important assignment of her day. This is important to us in this busy world we all now live in.
Linda has been looking after our legal needs for the past 10 years and this was the best decision that we ever made. She’s done it all for us from multiple real estate deals, associate agreements, wills and incorporation of our medical practice. When time is of the essence Linda is always available even when away from the office. She addressed all issues promptly and precisely.
Linda has handled multiple legal matters on our behalf. My husband and I could not have asked for a better person to tackle our affairs. Linda's professionalism is earmarked by her attention to detail, efficiency and warm, easygoing personality. As two busy working professionals, it is really comforting to know that we have the assistance of a true and reliable professional in our corner.
Linda Whetung has assisted me in both estate planning and corporate matters. She is straightforward and practical in her approach, and is particularly helpful in translating the “legalese” and giving a clear and concise review of legal matters. I value her judgment and her commitment to achieving the best results for her clients.
Linda Whetung is a very professional and compassionate person, that has provided top-notch and expeditious service to me over the last 30 years. From real-estate purchases and sales, wills and estates, Linda is intuitive, intelligent and gets the job done. I would not hesitate to recommend Linda and her team to anyone that would need a service that is provided by her practice. I am thankful to have had Linda Whetung available to attend to all of my legal matters. Continued success to you!
I was fortunate to have a friend recommend that I contact Linda Whetung when I needed a lawyer a few years ago. Linda assisted me in successfully dissolving a business partnership. It was an emotionally and financially difficult time and Linda was understanding, but direct and focused. She always listened and offered suggestions, encouragement and guidance. Looking back I realize that Linda had this amazing ability to combine her enthusiasm with a very realistic, grounded, straightforward approach. Linda always impressed me with her knowledge, efficiency and ethics. Linda is also well connected in the community and was able to refer me to the right people.
Additionally, I can’t say enough about her office team. They were always friendly and willing to help. I have referred many people to Linda and will continue to do so. My husband and I contacted Linda when we needed to prepare our wills and I would contact her again in a minute if I ever need a lawyer. I never left Linda’s office without feeling confident that things were moving forward toward a successful outcome. But the best part was having every meeting include at least one good laugh.
As an electrical contractor with my own business, I do not have much time to spend with my legal counsel and Linda understands that any time spent in her office means time away from the job. She has been my lawyer for over 20 years and for good reason. I keep coming back to Linda because of the exceptional and excellent service she and her staff provide. She is intelligent, but pragmatic and always considers the most expeditious and cost-effective way to resolve issues, without sacrificing quality. Linda has assisted me with last minute, complex and significant business negotiations and contracts. She provided pragmatic and considered guidance when my wife and I made our estate plan to provide for our disabled son. She is kind and has an uncanny appreciation of the issues being faced by families with disabled children today. She is a very strong and confident advocate and as such, has earned my respect and confidence over the years.
We first came to Linda seeking assistance in establishing the corporate entity of the National Aboriginal Lands Managers Association. We chose Linda for two reasons; one for her expertise in dealing in Aboriginal context; and secondly for her vast knowledge and experience in managing a not- for- profit corporation. With her skill sets she quickly gained an understanding of our requirements and responded to our needs immediately.
Coming into our 13th year anniversary we look back and acknowledge those individuals who have contributed to NALMA’s success story. On behalf of the NALMA Board of Directors, membership and staff we like to thank Linda for being a part of NALMA’s success. We value her service and recognize Linda as part of our team.
I have known Linda personally for over 30 years and professionally for over 20 years in her capacity as legal counsel to our First Nation. Linda is the “go to” lawyer on First Nation issues particularly in the complex areas of lands and estates. With her knowledge and connections she is able to respond to her client’s needs confidently and efficiently. Linda has mastered an ability to blend business professionalism with caring and compassion and is a loyal, capable and tenacious advocate for those who have trusted her with their affairs.
At Dennis Kemp Insurance Brokers Ltd. we have had over 25 years of dealings with Linda Whetung. We have had numerous occasions with both corporate and personal matters over this time period. Linda's timely and professional manner has always been appreciated by us as well as our family. Therefore we have recommended her services to our friends, family and clients without hesitation.
Linda Whetung and her staff have been handling our estate. I cannot thank Linda enough for her dedication, hard work and the many hours she has put in for us. Linda has gone above and beyond for which I am so grateful. Linda and her staff are very professional, efficient and approachable. I would highly recommend her firm.
Linda Whetung has been my legal counsel for over 29 years. She has assisted me with all my business transactions, including buying, selling and leasing commercial buildings, resolving issues with commercial tenants and providing me with practical, complete advice. She is very approachable and pragmatic. My confidence in her services is so great, that I have referred her to my family members, who have also been very pleased with her work. Her staff have always been very happy to assist and are a pleasure to deal with.
Linda Whetung is one lawyer who erases all those stereotypical characters we attach to lawyers. She is honest, truly dedicated to 'making it right for her client' and takes the time to listen to the issue. Her warmmanner and focus allows her to grasp the client’s situation in a remarkably short time.
From my perspective, Linda is making a positive difference in that 'mystic world of legalese'.
We have had Linda as our attorney for many years handling all our legal needs from wills to real estate. It was not until this past year that we really put her to the test to help us realize our retirement dream. We came to her with some significant issues and she worked very hard in a very short time period to resolve all the issues and is the reason that our dream came true. She has led us very expertly on this journey and with her enthusiasm, dedication and extensive legal knowledge we are now coming to the end. Along the way it was a great learning experience for us but Linda explained and guided us competently and professionally. So once again thank you Linda and also to your staff for helping us realize our vision.
Linda Willcox Whetung Professional Corporation
521 George St. N.,
P.O. Box 29,