Wills & Powers of Attorney

Estate Planning is a Process

Family circumstances, obligations owed to dependents, assets, and many other factors serve to make everyone unique. When considering your Will and Powers of Attorney, it is important to consider all of these factors, as well as, family law issues and tax issues, and how they relate to estates law. It is the process a person goes through when considering his or her estate plan that is most important, even if that person believes their circumstances are “simple”.

Our Services

Some of the estate planning services we offer include:

  • Advice and preparation of Wills
  • Advice and preparation of Powers of Attorney for Personal Care
  • Advice and preparation of Powers of Attorney for Property (including multiple powers of attorney where appropriate – eg a power of attorney for property governing corporate or professional assets separately)
  • Periodic reviews and updates to your estate plan
  • Disability planning (fully discretionary (Henson) Trusts, for example)
  • Life Insurance designations and declarations
  • Review, revision, preparation of Family Trusts (and other inter vivos trusts)
  • Multiple Wills

Wills

We offer comprehensive legal services in the estate planning area. The Will is the cornerstone of most estate plans. When preparing your Will, we will ensure that you understand your options and that you have considered the legal (as well as practical) impact of your decisions as well how to achieve your goals under your unique circumstances. We take the time to understand your personal situation and assets, as well as your intentions and wishes, and we will work with your other trusted professionals (your accountant for tax planning advice, your insurance broker, financial planners, etc.) as necessary to ensure your Will and your overall plan are cohesive.

Our goal is to create a Will that efficiently accomplishes your wishes and intentions in the manner most appropriate to your unique situation.

Powers of Attorney

Powers of Attorney are an important part of every estate plan.  They allow you to name others to make decisions for you should you ever become unable to make decisions for yourself.  In Ontario, people make two separate Powers of Attorney.  A Continuing Power of Attorney for Property allows you to grant decision making power over your property, including bank accounts and other investments, real estate, and personal property.  Powers of Attorney for Personal Care allow others to make personal decisions for you, including: your care and your living arrangements; what you wear and eat; and your medical decisions.

Without a power of attorney, if you become incapable of making decisions about your personal care or about your property, a friend or family member would need to apply to the Courts to become your legal guardian before they would have the authority to act on your behalf.  In the interim, the Office of the Public Guardian and Trustee could become your statutory guardian.