No, it is not true that if you die without a Will the government takes everything. But, it is true that it is more complicated (and therefore more expensive) to have your assets distributed to your next of kin when you don’t have a Will. And, if you die without a Will, those who will inherit is determined by how they were related to you. If you want to dictate who is to receive what you die possessed of, you do need to do a Will.
We don’t work with a pre-printed questionnaire about what you have and who you may wish to leave what you have to. Completing a Will with me involves two visits to our office. During the first, you’ll receive some advice on Estate planning and, if you are ready to, you’ll provide me with some instructions as to what you would like to see happen when you die. This meeting can be followed up with further instructions by email or a phone call. We then prepare a draft for your review. You’ll return for a second appointment to review any changes that you have requested and to sign the Will before two witnesses and myself.
We think you’ll find the process to be, as many others have commented, “quite painless”.
A Will only takes effect when you die. Should you become incapacitated, either physically or mentally, the Will cannot provide any assistance to those wishing to help you. A Power of Attorney can.
There are two types of Powers of Attorney. The most common is a Power of Attorney over Property. This allows the person or persons you choose to sign your name on any document that you could sign. The Power of Attorney ensures that if you are unable to manage your affairs, they can be managed by someone you trust.
The second type of Power of Attorney is a Power of Attorney for Personal Care. It is sometimes called a Living Will. It is designed to let those with carriage of your health care know to whom to speak if you cannot give instructions about your care. You may or may not feel you need a medical Power of Attorney. You may feel that it is clear who would be consulted about your care, for instance if you have a spouse or partner. But, what if you and your partner are in an accident and your partner is killed, while you survive or you are both incapacitated. Who would you want to instruct the doctors? Trust a lawyer to bring up the worst-case scenario.
If you would like to make an appointment to discuss a Will and/or Powers of Attorney, call our clerk at 905-845-0767, extension 232, or feel free to contact Mr. Glas for a quote.
At Haxell Law, we are experienced dealing with the Probate of Estates both with and without a Will. We are prepared to represent and guide Executors and Executrices through the estate probate process.
For any Executor and Executrix it is important to understand the duties and obligations that this role creates. It is also important to seek advice on the legal terms and provisions of any Last Will and Testament or on the laws that govern in the absence of a Will.
The procedure for a Probate Application can be confusing in any circumstance and if paperwork is not submitted to the Court correctly it can cause significant delay.
If you would like to make an appointment to discuss a Will and/or Power of Attorney, call our clerk at 905-845-0767, extension 232, or feel free to contact Mr. Glas for a quote.