Estate Planning: Wills and Powers of Attorney

We assist in deciding whether or not a court ordered “Probate” (Certificate of Estate Trustee with Will) is required. We can help you complete the winding up of the Estate by advising, in plain English, the requirements of the law as it relates to the Will.

It is good personal planning to have an estate plan which would include a Will and also Powers of Attorney for financial and for health purposes. These basic documents will make an already difficult situation more manageable at the appropriate time for your beneficiaries. A Will comes into effect upon the death of the author (testator). Powers of Attorney are used when the author suffers an incapacity where he or she is unable to make financial or health decisions. In many instances the Power of Attorney is more important than a Will. Should one become incapacitated it is preferred to have a person or persons of one’s choice deciding your financial or health future rather than a government agency.

In Will drafting we can take into consideration each persons specific concerns and requirements. For instance, If you have an incapacitated beneficiary you may consider a Henson Trust in order to protect your beneficiary from another person or government agency.

We can help you in planning for your family’s needs well into the future.

In addition to the basic Will and Powers of Attorney some small or medium sized business owners may consider also obtaining a “corporate Will” to be used to avoid double government or court fees on the transfer of shares in the winding up of an estate. Each fact situation should be considered in consultation with our office.