LAWYER SERVING WINDSOR, TECUMSEH AND SURROUNDING AREAS FOR YOUR WILLS & POWERS OF ATTORNEY

We understand that death can be emotionally and financially burdensome for loved ones left behind.  Let our firm assist you in making the critical decisions that affect you and your estate. Our firm can assist you by providing various services in regards to your estate matters including preparing your wills and powers of attorney for property and personal care as well as survivorship applications, and more.

WILLS

A will is a legal document by which an individual can express his/her wishes as to how his/her property is to be distributed at death. Our firm can assist you with addressing various issues relating to drafting your will, including appointing one or more persons to manage your estate until its final distribution and naming a guardian for the care of your minor children.

Preparing a will is critical if you:

  • Get married, have children, or separate from a spouse


  • Own property


  • Travel frequently


  • Have monetary assets such as investments, savings, etc.


  • Own a business



  • Want to leave specific property to specific individuals or money to specific individuals or charities

POWERS OF ATTORNEY FOR PROPERTY AND PERSONAL CARE

A Power of Attorney is a legal document that gives someone the right to make decisions on your behalf.  Powers of Attorney only apply while you are alive and cease to be effective on your death.  The Power of Attorney for Property allows someone to make decisions with respect to your financial affairs.  By preparing this document, one can oftentimes avoid the significant expense of having a guardian of property appointed through the courts.  The Power of Attorney for Personal Care allows someone to make decisions with respect to your health care.

We invite you to contact our office to schedule an appointment to discuss your needs.

When taking instructions for your will, clients need to provide the following information at their initial appointment:

  • Personal Information: Name, address, date of birth, landline or cell phone number, employer, employer’s address, employer’s phone number, title/position.


  • Government issued photo identification of the client, i.e. original driver’s licence, passport, Canadian Citizenship card. 


  • Client’s full legal name on his/her birth certificate (if different from the identification above-noted); bring in the original birth certificate if the names are different. Please note that the birth certificate is not needed if only the surname is different for a woman. 


  • Executors: Name 3 Executors (preferably one, then two alternates). Must be 18 years old and reside in Ontario (preferably) or Canada. Legal spelling of his/her name and city (not address) that he/she lives in.   


  • Beneficiaries: Legal spelling of his/her name. We will discuss whether the bequest is equal or percentages, or if a child is excluded. 


  • If a child is excluded, we will discuss the reasons why that child is excluded and outline those reasons in the will.


  • Allow for the distribution of the estate in the event that you, your children and grandchild(ren) pass, naming siblings or nieces and nephews as potential beneficiaries. Provide legal spelling of the beneficiaries’ names.
  • Henson Trust necessary? For an additional fee/charge, a Henson Trust is created for beneficiaries who are in receipt of disability payments/government assistance. 


  • Age at which the beneficiary receives the lump sum payment from the estate (i.e. 18, 21 or 25). 

When taking instructions for your powers of attorney for property and personal care, clients need to provide the following information at their initial appointment:

  • Attorneys for property or personal care: Name 3 Attorneys for each. Must be 18 years old and preferably reside in Ontario or Canada. Legal spelling of his/her name and city (not address) that he/she lives in.   


  • Power of Attorney for Property: Decide whether the powers of attorney for property can act (preferably) jointly or severally OR one then two alternates.


  • Power of Attorney for Property: Decide whether the powers of attorney for property can use the Power of Attorney for Property at any time or only if you are mentally incapable.