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Home
Legal Expertise
Our Team
Intake Forms
Intake Purchase Forms
Intake Sales Forms
Intake Mortgage Forms
Instructions for Will & Powers of Attorney
Testimonials
Contact
Community
Blog
Instructions for Will & Powers of Attorney
*Required input
Client Information
First Name *
Middle Name (If appliable):
Last Name *
Date of Birth * (yyyy-mm-dd format)
Complete Address *:
Complete address [/textarea]
Home phone number *
Work/Cell phone number *
Email *
Occupation
Spousal Information
Spousal Status *
—Please choose an option—
Married
Separated
Single
Commonlaw
Full name of spouse *:
If married - Is this your first marriage?
No
Yes
Executor Information
The
Executor
is the person(s) responsible for carrying out your wishes as expressed in your Will. The job can be both difficult and time consuming. The person you choose should be someone who has the time, has some familiarity with your financial situation and who will get along with your family. Most married couples name each other as their Executor, although you do not have to do this. It is also a good idea to choose an alternate Executor in case your original choice is not able to do the job.
Reminder:
an executor can be anyone; they can choose (and in most cases will have no choice) to hire professionals (lawyer, accountant, real estate agent, etc.) to help carrying out your estate, however, the costs of doing so will come out of your estate.
The Executor is the person(s) responsible for carrying out your wishes as expressed in your Will. The job can be both difficult and time consuming. The person you choose should be someone who has the time, has some familiarity with your financial situation and who will get along with your family. Most married couples name each other as their Executor, although you do not have to do this. It is also a good idea to choose an alternate Executor in case your original choice is not able to do the job.
NOTE:
it is not advisable to choose two executors given the possible dispute. If two executors are unable to agree may have to go to the court to make a decision which is costly and time consuming. Costs will come out of your estate.
First Name of Executor *
Middle Name of Executor (If appliable):
Last Name Executor *
Address of Executor *:
Relationship to Executor *:
Alternate Executor Information
Back-up in case first named is unable or unwilling
First Name of Backup Executor *
Middle Name of Backup Executor (If appliable):
Last Name Backup Executor *
Address of Alternate Executor *:
Relationship to Alternate Executor *:
Who Should Get What and When
Do you have any particular items (e.g. jewelry, cars, tools…) that should go to specific people? If yes, please describe them and indicate the name of the recipient a.k.a beneficiary. Please also outline your relation to the beneficiary (ie: Mother, Brother, Friend etc)
Leave empty if not applicable
Do you want to leave money to anybody or organization (donation)? If yes, please indicate the amount and the name of the recipient(s).
Leave empty if not applicable
Do you own shares of a private corporation? *
—Please choose an option—
No
Yes
Who should get the
residue of your Estate
? *
The residue is the bulk of your Estate and consists of everything that you did not give away above – basically what is left over after you provide specific items/money to particular individuals in your will (if applicable) and all debts and associated costs are paid.
Outline your relation to the beneficiary (ie: Mother, Brother, Friend, etc) *
If the said beneficiary/beneficiaries happen to predecease you (pass away before you) who should receive the residue of your estate? *
Beneficiary Under 18 (If applicable)
Do you have Beneficiary Under 18? *
—Please choose an option—
No
Yes
If something happens to both you and your spouse, who should get the residue of your Estate? * (Usually this would be your children)
If your children are under the age of 18,
until what age should their money be held in Trust
? It may be given all at once, or in stages depending on ages after 18. Example: all at 18, or 25% to age 18, 25% at age 25 and remainder at age 30? *
Trustee
will hold the property for your children in trust (for their benefit) but they will have legal title. This is why the same person is usually the
Trustee and Guardian
; otherwise the Guardian will have to request funds from the Trustee. Even though the money is in Trust it is available for their care and education, however a responsible
adult controls it (Trustee)
. Who will be your Trustee?
Trustee First Name *
Trustee Middle Name (If appliable):
Trustee Last Name *
Relationship to Trustee *:
Trustee Address *:
What happens if a child of yours does not survive you? Does the deceased child’s share go to their children, if applicable? or to your surviving children? *
Guardians
Only if you have minor children (Under 18) Do you have minor children Under 18? *
—Please choose an option—
No
Yes
If your children are under the age of 18, you should choose someone to look after them. Although the Court is not bound by your choice of Guardian, it will generally respect your wishes. Many people will choose the same person to be the Guardian as the
Trustee
(see below) for consistency and efficiency. Others feel this is too much power in the same hands and would like checks and balances between the two roles.
Guardian First Name *
Guardian Middle Name (If appliable):
Guardian Last Name *
Guardian Address *:
Relationship to Guardian *:
List names and date of birth (yyyy-mm-dd) of your children *:
Power of Attorney
Powers of Attorney are documents that allow you to appoint someone to act on your behalf when you are still alive, but unable to make decisions and/or act for yourself. This can both include financial (PROPERTY) and health matters (HEALTH).
Power of Attorney –
Property
Power of Attorney First Name *
Power of Attorney Middle Name (If appliable):
Power of Attorney Last Name *
Power of Attorney Address *:
Relationship to Power of Attorney *:
Power of Attorney (Alternate/Back-up) –
Property
Power of Attorney First Name *
Power of Attorney Middle Name (If appliable):
Power of Attorney Last Name *
Power of Attorney Address *:
Relationship to Power of Attorney *:
Power of Attorney –
Health
Power of Attorney First Name *
Power of Attorney Middle Name (If appliable):
Power of Attorney Last Name *
Power of Attorney Address *:
Relationship to Power of Attorney *:
Power of Attorney (Alternate/Back-up) –
Health
Power of Attorney First Name *
Power of Attorney Middle Name (If appliable):
Power of Attorney Last Name *
Power of Attorney Address *:
Relationship to Power of Attorney *:
Do you have RRSP’s *?
—Please choose an option—
No
Yes
Who is the Beneficiary of RRSP? *
Do you have Life Insurance? *
—Please choose an option—
No
Yes
Amount*:
Who is the Beneficiary of the
Life Insurance
? *
Are you part of any other PLANS (registered or not) which have beneficiaries? *
—Please choose an option—
No
Yes
Who are the beneficiaries? *