I

Personal information and, if applicable Spousal/Partner information.

II

Marriages and divorces automatically revoke or alter wills to certain extents unless these issues are expressly addressed in the will.

III

Please name an estate trustee and at least one alternate. You should discuss this with your nominees first. Although the will grants the trustee some discretion, and exoneration for mistakes made in good faith, the trustee is subject to laws and is accountable for bad faith and negligence

IV

You may state who should receive various bequests, legacies and personal items; however, it is usually better to prepare a list separate from the will that you can amend at your leisure, as long as it does not become a replacement will. If you intend to give to charity, please provide the exact name of the charity. If you intend to subdivide undivided land, please bring it to our attention.

V

You may leave your estate to your children and then to your further issue "per stirpes", which means that if your child predeceases you leaving children, your grandchildren will inherit your child's share.

The vesting age (18 years is the minimum) is the age at which your issue will become absolutely entitled to their shares in your estate. Until then, the trustee will manage their shares and use the funds for their benefit. All children, including adoptees and those born out of wedlock, will inherit unless expressly excluded. If any children are not to inherit, please explain.

VI

You should name alternate beneficiaries in case all your intended beneficiaries predecease you without issue. In such a case, many married people divide their joint estates equally between the two families. Others leave their estates to parents, siblings, friends, charities, and so on. The choices are your own. If you have no heirs at all, the estate will go to the government.

VII

Subject to a court intervening, you may name a guardian for your minor children or dependants although, upon turning 16, they may live wherever they choose. Any alternate guardian should not simply be the spouse of your first choice.

Wills benefit your heirs, but are just paper while you are alive. Powers of attorney benefit you directly because they are effective while you are alive. In Canada, the word 'attorney' does not mean 'lawyer'; it means 'agent'. It is preferable to choose as your attorney a family member or very close friend who you can trust with your property and health and who will be available to act on your behalf. If this is a problem, please call me to discuss the matter.

VIII

A power of attorney for property enables the attorney to deal with your property from the date of signature. Unless you restrict the powers, the attorney will be able to deal with all your finances and assets, even without your knowledge. You must choose someone you can trust with everything you own. Spousal powers of attorney rarely contain restrictions. If you wish to have co-attorneys, please consider whether they are to exercise the power jointly (together) or severally (without always having to consult each other).

IX

A power of attorney for personal care does not take effect upon signing but remains in abeyance until you lose your mental capacity to make decisions about your own medical treatment and personal care. In that event, then the attorney will acquire the authority to make those decisions for you. Please consider whether any CO-attorneys are to exercise the power jointly or severally.

Advances in medical science have enabled doctors to keep humans 'alive' while, in fact, the person may be totally reliant on extraordinary artificial means of life support. A "living will" is, in essence, a declaration stating your wishes about whether and how you want your life to be extended through the use of medical machines. A "living will" if desired, would be included in this document.