Do you have one?
by Brian Dugaro
Investors Group Financial Services
Will Essentials.
The essential basis for all this is a valid, up-to-date Will that
- Names your Executor (sometimes called a Personal Representative or in Québec, a liquidator) to take charge of your estate.
- Ensures your legacy is passed on according to your wishes – if you die without a Will (i.e. intestate) your estate will be distributed according to provincial legislation, which may not be consistent with your intentions.
- Makes suitable arrangements for minor children and other dependants, and in particular, name guardians for them.
- Minimizes delays, costs and the complexities of passing on your estate.
- Reduces taxes to the extent possible, in some cases by creating testamentary trusts for beneficiaries who are in higher tax brackets.
You should also create a Living Will and a Power of Attorney that designates person(s) of your choice to make financial and/or health-related decisions on your behalf should you become too ill to do so on your own.
When it comes to Wills, professional advice is well worth the cost.
It is not absolutely necessary to have a lawyer prepare your Will – but it is certainly recommended.
Generally speaking, the purchase of will kits and power of attorney kits at various retail stores or on line is not recommended, as it’s easy to make mistakes. A holograph Will is one prepared by you in your own handwriting and signed by you, without witnesses. Such a Will can raise many problems and should be avoided except in an emergency.
Review and Revise
- there has been a major tax change;
- your marital status has changed;
- the marital status of your beneficiaries has changed;
- you are expecting a child or have just had one;
- a beneficiary dies or becomes disabled;
- your business succession plan has changed;
- you sell a legacy with a significant value or wish to substitute another legacy;
- you move to a different province, territory or country;
- your financial position changes significantly;
- you want to change your Executor(s) or Guardian(s)