We provide advice in the areas of
Estate Planning & Litigation, Family Law,
Civil Litigation and Administrative Law.

 

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Civil Litigation
Estate Litigation
Estate Planning
Family Law
Administrative Law

Estate Planning

What is Estate Planning?

Estate planning is a process by which our clients formulate a plan to achieve a number of objectives to be achieved both while they are living and after their death. Such objectives include accumulating assets while minimizing taxes, and providing for dependants after the death of the client.

The most common Estate Planning documents normally prepared for a client are:

• A Will
• Power of Attorney for Personal Care
• Power of Attorney for Property

Preparing a Will may be one of the most important things you will do. A Will ensures that your wishes are set out so that your loved ones are looked after in the way that is best for them, and that your estate is transferred to them as quickly and efficiently as possible.

Powers of Attorney are also powerful and effective documents. They set out your wishes with respect to your property and your personal health and medical care in the event that you are no longer able to make decisions for yourself. While this is a situation most of us would prefer not to consider, it is better to have such documentation in place so that, again, your loved ones have directions to carry out your wishes as you have set forth.

The Importance of Having a Will

Your Will is the document that contains your wishes for the distribution of your estate. It also helps to ensure that your estate is administered with minimum delay, expense and intervention by the courts.

If you die without a Will, you are said to have died intestate, and your assets will be divided among your beneficiaries according to the intestacy law in Ontario. Such laws will likely not mirror your wishes as to how you would want your estate divided.

At a time that is already stressful for your family and loved ones, having a Will reduces the cost and complications that arise from your having died without a Will.

A Will also enables you to appoint an Estate Trustee (also commonly called an executor) to administer your estate, and to appoint legal guardians for your children. Through your Will you are also able to ensure that your family is provided for and that taxes are either minimized or deferred.

Through your Will you are able to make specific bequests of personal items, and to leave bequests to charity. You can also provide for specific funeral arrangements.

Without a Will, you cannot do any of this.

Furthermore, even though do-it-yourself will kits are available, we do not recommend that you prepare your own Will. We believe that everyone should have a Will tailored to their specific wishes and directions. We aim to ensure that each client’s Will meets their individual needs in providing for the future and security of their loved ones.

Powers of Attorney

A Power of Attorney is a legal document that gives someone else (your “attorney”) the power to act on your behalf (Your named “attorney” is not the same as your lawyer).

Continuing Power of Attorney for Property: A Continuing Power of Attorney for Property allows your attorney to continue to act for you, including during a time in which you are mentally incapable of managing your property. “Property” includes your money, your home, and anything else you own.

A Continuing Power of Attorney takes effect as soon as it is signed and witnessed. This can be a very powerful document as your attorney can do almost anything with your property that you can do. Your attorney can act for you in financial dealings such as banking, signing cheques, buying or selling real estate and buying consumer goods.

Anyone who is at least 18 years of age can give a Continuing Power of Attorney for Property if they are mentally capable of doing so. We are able to provide you with assistance in determining whether or not someone is mentally capable.

Power of Attorney for Personal Care: A Power of Attorney for Personal Care authorizes a person to make decisions regarding medical care and other health decisions for someone who is mentally incapable of doing so. If you become mentally incapable of making personal care decisions, someone else must make them for you. This person is called your “substitute decision maker”. Making a Power of Attorney for Personal Care allows you to choose that person and to make sure your wishes regarding your personal care are respected. A Power of Attorney for Personal Care may contain instructions, including instructions to refuse certain medical treatments, which the appointed attorney is required to follow.

A Power of Attorney for Personal Care takes effect only if you become mentally incapable of making some of all of your personal care decisions.