Wills & Estate Planning

Benefits of a Will

If you die without a Will, your estate will be distributed in accordance with a formula set out by the Intestate Succession Act.
- This may be different than your wishes and may not be what your family members need.
If you make a Will, you name an Executor who will then distribute your estate in accordance with your wishes as stated in your Will.
- Without a Will, you do not get to select the person who will have control of your estate upon your death.
A Will makes your intentions clear and will help to minimize difficulties and delays for your family in dealing with your estate.

You decide how your estate is distributed.
You can choose an Executor/Trustee who will hold portions of an estate in trust for your children until they attain the age which you stipulate in your Will.

You can choose guardians for your children while they are under the age of nineteen (19) years.

If you marry after you make a Will, it will automatically revoke your Will unless you specifically state it is made in contemplation of marriage.
The making of a Will is not a complex matter, but care must be taken in its drafting so that it will adequately cover the situations which may occur, and proper formalities have been followed in regard its signing.
You should obtain the professional advice of a lawyer to ensure that your Will accurately reflects your wishes for the distribution of your estate and it is properly signed and witnessed.

A Power of Attorney is a document which appoints someone to be your agent and to act on your behalf.
Your attorney should be someone you trust.
A Power of Attorney has to be in writing and properly signed.
If you do not sign a Power of Attorney, then there is no one who can be in charge of your financial affairs or deal with property on your behalf.
A family member would then need to make a court application to deal with your assets and debts.

You may choose to give your Attorney full power to do anything that you could do yourself, OR you may choose to restrict the powers. It is entirely up to you.
Your Attorney does not own your property but is a trustee of your property.
Your Attorney is not allowed to make any changes to your Will.

There are two types of Power of Attorney documents:

Does not immediately take effect when signed;
It will come into effect if or when you become mentally incapable of being able to manage your affairs;

2. Present & Enduring Power of Attorney;

Once signed, it takes effect immediately;
Gives the Attorney the power to deal with your assets and debts immediately after completion of the document AND will continue should you become mentally incapable of being able to manage your affairs.

An AHCD consists of:
- A written statement of your health care wishes; and
- An appointment of an adult that you trust to act as your Substitute Decision Maker
Your directive will help in preventing conflicts over deciding what treatments you should receive.

Is not allowed to be a witness to your directive.
Has to be over 19 years of age;
Must accept the appointment in writing;
Must follow your instructions;
If you do not have instructions, then he/she must follow your wishes to the best of their knowledge;
If he/she does not know your wishes, then he/she must act in a way that he/she believes to be in your best interests; and
You can name more than one.

Helps to make sure your wishes are followed when you can no longer decide for yourself.
Takes some pressure off of your family members who might otherwise have to make difficult decisions on your behalf.
Helps to reduce the fear that inappropriate or unwanted medical treatment will be used upon you as your illness progresses.
Will help to prevent conflicts over what treatment you should have.

You should have the professional advice of a Lawyer to ensure that the correct terminology is used and that the directive is properly signed and witnessed.
In case of an emergency, a Health Care Provider does not have to search for your directive before giving treatment.
You should give a copy to your doctor, your Decision Maker and family
Keep a note with you that you have an Advance Health Care Directive.
Remember you may also state who you do not want to act as your Decision Maker.