Proper estate planning goes beyond simply writing a Will or assigning powers of attorney; it is about taking proactive steps to protect your family’s future. You can make advance decisions about how your assets will be handled, who will manage your affairs if you become incapacitated, and how to ease the burden on loved ones after your passing.

At Eliany Advocates, we help you understand your options, so that everything from choosing an executor to naming beneficiaries is done in line with your personal goals and values. This type of planning is critical not only for large estates but for any adult who wants their wishes to be clearly understood. We know that estate planning can be a sensitive and emotional topic, but it’s one of the most thoughtful actions you can take to protect your family and provide them with a sense of security.

Why Hire Us to Help With Your Estate Plan?

Planning your estate is all about making informed decisions that protect your family’s future and ensure your wishes are respected. At Eliany Advocates, we focus on offering practical, client-focused estate planning services.

We believe in keeping things straightforward and accessible for our clients. From the initial consultation to the final signing of your documents, we prioritize clear communication and practical advice. You’ll know exactly what decisions you’re making and how they affect your estate.

Wills

A Will, or "Last Will and Testament," outlines your intentions for how your property, assets, and personal belongings should be distributed after you pass away. This document allows you to:

- Designate Beneficiaries: You can specify who will inherit your property, such as family members, friends, or charities.
- Appoint Guardians: If you have minor children, a Will lets you appoint a guardian to care for them if both parents are deceased.
- Provide Other Instructions: You may include any specific instructions, such as funeral arrangements or directions on how certain assets should be handled.

Without a valid Will, your assets will be distributed according to Ontario’s intestacy rules, which could lead to unintended consequences, family disputes, or delays in asset distribution. Having a Will helps to reduce confusion and conflict while providing you with peace of mind.

Powers of Attorney

A Power of Attorney (POA) is a legal document that authorizes someone else to make decisions on your behalf. It’s an important part of any estate plan because it addresses situations where you may be incapacitated and unable to handle your affairs.

There are two types of Power of Attorney:

Power of Attorney for Property: This document gives someone the authority to make decisions about your finances, such as paying your bills or managing your bank accounts, real estate, and investments. This POA is particularly useful if you are hospitalized or otherwise unable to handle your financial matters.

Power of Attorney for Personal Care: This arrangement allows a trusted party to make decisions regarding your healthcare and personal care if you are unable to communicate them yourself. This could involve choices about medical treatments, long-term care, or living arrangements. By having a Personal Care POA, you give someone you trust the ability to make these important decisions in line with your preferences.

Estate Administration

When someone passes away, the executor is responsible for managing the estate, which may involve:

- Distributing assets to the beneficiaries as outlined in the Will.
- Paying any debts or taxes owed by the estate.
- Handling legal paperwork, including the probate (getting legal approval for the Will to be executed).

Eliany Advocates can assist you with obtaining a Certificate of Appointment of Estate Trustee. This legal document authorizes the estate trustee (executor) to act on behalf of the estate, whether or not a Will exists. Having this certificate is a critical first step in the estate administration process. If you're unsure of your responsibilities or how to begin, we can guide you through the initial stages and provide referrals as needed.

Frequently Asked Questions

What Happens If I Die Without A Will In Place?

If you pass away without a valid Will, your estate will be distributed according to Ontario’s intestacy laws. This means the court will decide how your assets are divided based on a predetermined formula. While your spouse and children may receive shares of your estate according to these rules, the process can lead to delays and complications, particularly if there are disagreements among family members. Without a Will, you also lose the opportunity to appoint guardians for your minor children, and the court will make this decision instead.

When Should I Update My Will or Power of Attorney?

It’s a good idea to review and update your Will or Powers of Attorney whenever you experience a major life change.

Events like marriage, divorce, the birth of a child, or acquiring significant new assets are all important moments to revisit your estate plan. It’s also wise to update these documents if your chosen executor, trustee, or beneficiaries change, or if there are updates to the law that may impact your estate planning. Even in the absence of life changes, it’s recommended to review your documents every five years to confirm they still reflect your current intentions and financial situation.

Is my Will registered?

Ontario, unlike Quebec, does not require registration of a will. We recommend registration with Will Check, a service provided by the County of Carleton Law Association in Ottawa.