Without a will, a person is said to die intestate. This does not mean all their property is forfeited to the government. It means that provincial intestate rules in the province in which the deceased lived will dictate how assets will be distributed. In the absence of a will, the settlement of an estate can be delayed and unnecessary expenses incurred. If there are minor children, and no surviving spouse, the children will be placed in the care of a court-appointed guardian. This very fact alone should motivate all parents with minor-age children to have their wills in order.
Is a preparing a will expensive?
Preparing a will does not need to be an expensive of time consuming process. We offer very competitive pricing for our will packages which are inclusive of a will, enduring power of attorney, personal directive and detailed information on important 'next steps' such as preparing a personal memorandum and registering your personal directives. We are happy to provide you a no obligation, all inclusive, will package quote.
How long does it take to have my will completed?
We will have the initial draft of your will to you for review within one week of receiving your completed questionnaire. To assist you in gathering the information required to complete the questionnaire we will provide you with our will planing guide to assist you.
We are sensitive to circumstances in which immediate preparation of a will package is required and strive to accommodate such requests.
Can I prepare my own will?
A standard will kit available through the Internet or office supplies store may do the job, although basic legal advice is still recommended. The difficulty with such wills is that the person “filling in the blanks” may not realize their instructions contravene provincial statutory requirements, and the will may end up being invalidated.
If non-standard situations exist, such as a common-law or same sex relationship, remarriage, business ownership, multiple properties, heirs with disabilities, or minor children, then a lawyer must be consulted.
Can I make changes to my will?
A will can be changed by the addition of a codicil. However, if there are many changes or significant changes, then a new will is called for. Such changes may be financial in nature or lifestyle-based (such as marriage or birth of a child).
What is a power of attorney?
A power of attorney is prepared in conjunction with the will; this document appoints a person to make decisions on behalf of the testator if the testator is incapacitated. It is used only during the lifetime of the testator; the executor takes over on death of the testator.
What is a personal directive?
A personal directive is also known as a living will. It states the desire for healthcare and medical treatment should an individual becomes unable to communicate his or her wishes. It will address life support and wishes in regards to heroic life-saving measures. A living will is not a binding document.