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Wills, Enduring Power of Attorney, Personal Directive

A will is a legal document that sets out what happens to your assets when you pass away.  Wills can help you accomplish several financial goals including: reducing probate fees, reducing taxes, and ensuring that your loved ones are looked after.

Both PD and EPA documents come into play when you are incapacitated, unlike a Will, which comes into play when you pass away.  A Personal Directive is for personal care and sets out how you would like medical and personal decisions to be made, and who will make these decisions for you.  An Enduring Power of Attorney appoints someone you trust to make your financial decisions.

If you pass away without a will, this is known as an intestacy or dying intestate.  In this case, the government has the control to disburse your assets as they see fit.  Essentially, your spouse gets a fixed sum of money from your estate, and the balance of your estate is divided between your spouse and your children.  If you don’t have a spouse, then your estate is divided between your children.  If you don’t have a spouse or children there are other rules that divide your estate between your relatives.

Our Probate of Estate Information

Probate is the process whereby the Court recognizes the authority of an estate trustee.  One of the reasons for probate is to provide needed assurance to certain third parties that your Will is valid and that your executor is authorized to act in your name with regard to your assets after your death in order to better facilitate an efficient distribution of estate assets in accordance with the wishes of the Will.

To make sure that your property is distributed according to your wishes, your survivors will usually submit your Will to Probate Court.  The main advantage of probate is that the Probate Court is supervising the entire proceedings and the probate laws are being followed. This is especially beneficial if there are claims from creditors, challenges to the will, or disputes that arise from the will.

When a deceased dies without a valid Will - i.e. intestate - or the trustee named in his or her Will cannot act, someone is appointed by the Courts through the issuance of a 'Testamentary Grant' to perform the duties estate trustee.

Not all Wills require probate; only those whose disbursement involve financial institutions, transfer agents, etc., because of the nature of the assets of the estate.