Wills and Estates

Wills and Estates Lawyer

What is a will? Do I need one? 

A will is a written document used to communicate the desires of a person when he/she is deceased.  Because the person is deceased and can’t give direction, the will acts as a voice and as a legal declaration to provide clarity on how he/she wants his/her assets managed.  Ask yourself this: If you (or you and your wife, if married) got in a car accident right now and passed away, who would take care of your kids, bank account, house payments, cars, securities, and other personal belongings?  Without a will the decision of a guardian for your children is out of your control.  Your personal property will be divided according to the law and not necessarily as you wish.

What happens with my completed will?

The wills we write for our clients are printed, confirmed with a signature by our clients, and then maintained in a fire-proof, locked safe.  We also save an unsigned copy in our office database and provide each of our clients with a copy of their will.

What is a personal directive? 

A personal directive allows you to appoint an agent to make decisions on your behalf when, due to physical or mental disability, you lack the capacity to make those decisions.  These circumstances include, but are not limited to, being in a coma, being in a persistent vegetative state, or having traumatic brain issues.

When writing a personal directive you specify who you want to be in charge of making those personal decisions on your behalf.  You specify when a personal directive takes effect, and outlines your wishes for your agent to follow. Some examples of matters that your agent would make decisions in include: Health care, participation in social, educational, and employment activities, and other legal matters that do not relate to your estate.

What is an enduring power of attorney?  

An enduring power of attorney, like a personal directive, is used when a person is alive but unable to make competent decisions.  For this purpose, this person appoints someone they trust (called their attorney) to take care of all their financial affairs.  A few examples of some rights and responsibilities the attorney will have are: Filing tax returns and dealing with Canada Revenue Agency, giving birthday gifts to children, signing authority on bank accounts allowing them to pay bills, sell, mortgaging, or leasing any real property, or running your business.

Without an enduring power of attorney your family could be faced with having to make a Court Application declaring you a dependent adult.  This takes a considerable amount of time and can be very expensive.

How do I contact you for more information?

Please contact us now for a free consultation on how you can secure a smooth and peaceful passing for yourself, and for your loved ones.