Estate & Real Estate LawPracticing in Association
Alternative Dispute Resolution
Independent Legal Advice
Power of Attorney
Questions to Consider In Preparing your Will:
- We need the full legal names of all individuals named in your Will.
- Appoint an Executor and Alternative Executor and Trustee in case the first person appointed in unable to act. It is recommended that you have at least two alternates after your spouse. Otherwise, someone will have to apply to the Courts to be appointed as Estate Trustee and this will result in probate fees.
- Appoint a Guardian of your children under 18. This is usually a close and trustworthy family member. If you are divorced or separated, the other natural parent of the children would take the role.
- Select someone to act as your attorney for your Power of Attorney for Property. Spouses usually appoint one another first and then select a family member or close friend as an alternate. Consider Trust Companies.
- Select someone to act as your attorney for personal care as well as an alternate. It is advisable that they live in the same city as you as they may need to sign off on documents quickly. They will also have the authority to make decisions for your personal care if you lack the capacity to do so.
- Think about whom you wish to receive your personal property, including cars and boats.
- Consider who is to receive the residue of your estate, including RRSP`s, bank accounts, your house, and everything else other than your personal property.
- Consider creating a Henson Trust for any disabled children you may have.