Will, Trust, POA Information Form

In order to make the most of your initial meeting with us, we need some information in advance. You don't need to fill out all this information in one sitting. You can save the form and complete it later. 

For couples, we generally ask that each spouse complete their own form. If you want to do a combined form, please reflect that when you are asked for additional information throughout the form. 

Some clients ask why we need to much information from you. There are several reasons: 

  • our advice is situation specific and is only as accurate as the information provided
  • reviewing and ensuring the accuracy of this information will make sure that your choices reflect the right information
  • reviewing and thinking about these things will prepare you for our meeting and get you organized
  • sometimes, a will is challenged after someone's death and having accurate and detailed information and drafting instructions will help your lawyer establish the validity of your will
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After any specific gifts and payment of estate expenses, the remainder of your estate is the "residue". 

If you will be leaving the reside to your children (even as an alternate disposition), please indicate whether the share of a child who may predecease you should be divided among their children ("per stirpes"), or among your other surviving children ("per capita"). 

If you are leaving a gift to anyone other than a spouse or children, please indicate what you wish to happen to that gift if that person predeceases you (or the date of the gift). 

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When a minor (under 18) or an individual who is not capable of managing their own property is a beneficiary, we need to consider how funds are to be held in trust for them. 

By default, fund are held in trust for a minor until age 18. You can create a trust that will hold the funds until a later age in your will. 

For an incapable adult, funds will need to be held in trust for their lifetime.  

A will addresses who is going to do what and where property goes after your death. 

A power of attorney addresses who will make decisions for you during your lifetime if you are unable to make those decisions yourself, either temporarily or permanently. 

There are two types of Power of Attorney documents in Ontario - a Power of Attorney for Property to deal finances and property, and a Power of Attorney for Personal Care to deal with health care decisions and consenting and refusing to consent to treatment. 

Ontario laws recognize that your known wishes expressed while mentally capable about your future care choices, will be binding on your attorney or other substitute decision-makers, unless they are impossible to follow. 

Ontario law does not use the term “living will". Sometimes people use the term “advance directive” to refer to a written statement of wishes about future care. 

You can write your treatment wishes (an “advance directive”) as part of your Power of Attorney for Personal Care so that you can be sure your attorney is aware of them. An “advance directive” just addresses your treatment and personal care wishes and does not need to name anyone or be written in any specific way. 

A typical direction that many people request to included in their Power of Attorney for Personal Care is something like: 

"If the time comes when I can no longer take part in decisions about my own future, and if at such time, I am resident in a chronic care facility or I am suffering from an extreme physical or mental disability from which there is no reasonable expectation that I will recover, it is my wish and direction that I be allowed to die and not be kept alive by medications, artificial means or so-called heroic measures. I do ask, however, that medication be mercifully administered to me to alleviate my suffering, even if such medication may shorten my remaining life. I would ask that my attorney act (and ensure my doctors and other medical personnel act) in a manner consistent with my wishes as so expressed."

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