Wills and Estate Law

Wills and Estate Law governs how a person’s property, money, and personal affairs are managed and distributed after their death. It also deals with planning for incapacity and ensuring loved ones are provided for in the future.

Key Areas of Wills and Estate Law

1. Wills

A will is a legal document that outlines a person’s wishes regarding the distribution of their assets and the care of minor children after death.

Creating a valid will.

Appointing an executor.

Naming beneficiaries.

Making changes through codicils.

Revoking or contesting a will.

2. Probate

Probate is the legal process of validating a deceased person's will and administering their estate.

Applying for probate.

Duties of an executor.

Dealing with creditors and debts.

Distribution of assets.

3. Estate Administration

When someone dies without a will (intestate), estate administration follows a legal process to divide assets according to provincial or state laws.

Appointing an estate trustee (administrator).

Managing the estate without a will.

Distribution hierarchy among surviving relatives.

4. Powers of Attorney & Advance Directives

These legal documents allow someone to act on your behalf if you become incapable of making decisions.

Power of Attorney for Property: Handles financial matters.

Power of Attorney for Personal Care: Handles medical and personal decisions.

Living Wills / Advance Directives: Express wishes about healthcare and life support.

5. Trusts

A trust allows someone (the trustee) to hold and manage property for another person (the beneficiary).

Living trusts vs. testamentary trusts.

Trusts for minors or individuals with disabilities.

Tax benefits and asset protection.

6. Estate Planning

Involves creating a comprehensive strategy for managing and distributing one’s assets during life and after death.

Minimizing taxes (e.g., capital gains, probate fees)

Ensuring business continuity

Protecting assets for future generations

Charitable giving