The following is the information that I will require in order to prepare your Will and Power of Attorney. This form must be completed by each person who wishes to prepare a Will or Power of Attorney. Copy this form into your word processor. Answer the questions and e-mail the completed form to us.

PART 1 - YOUR WILL

Executor

You have to choose someone to act as your executor. Your Executor will be responsible for carrying out all of the instructions in your Will. It is crucial that you have complete confidence and trust in your Executor, as he or she has complete control over all of your assets until they have been distributed. Your Executor will also be responsible for making decisions with respect to the administration of your estate, such as selling property and dividing personal items between beneficiaries.

You can have one executor or you can have more than one. If you have more than one, you have to decide whether the executors must make decisions together or whether one would be able to make decisions on his own. I recommend that you choose one executor rather than multiple executors.

Keep in mind that it may be many years before your estate has to be administered and there may be a lot of work involved. I recommend against selecting executors who are older, because by the time your estate is administered they may be too old to carry out the responsibilities. As well, administering the estate can be involved and complicated and therefore your executor should be old enough to handle the responsibility.

If possible, you should select an executor resides in Ontario. Having an executor who does not reside in Ontario will make administering your estate more complicated and will lead to additional costs.

1. My executor will be:

Alternate executor

You should select an alternate executor in case the executor that you select as your first choice is unable or unwilling to act.

2. My alternate executor will be:

Distribution of assets

Most clients want all of their assets to be given to their spouse and in the event that the spouse is not alive, all assets are to be divided equally among their children.

3. Is this how you would like your will to read?

“Children” refers to biological children only, unless you are married to the biological parent or you adopt the child.

4. Do you want children who are not your biological children, whose parent you are not married to and who you have not adopted to receive a share of your estate?

If your answer to Question #3 is no, then answer the following questions. If your answer to Question #3 is yes, then skip to Question #7.

If you want all of your assets to be given to one person, answer Question #5.

5. All of my assets are to be given to:

If you answered Question #5, you should also state who your assets should be given to if the person in Question #5 is not alive.

6. If the person named in Question # 5 is not alive, then my assets should be given to the following persons:

Note:

Under name, use the person’s legal name. It is not necessary to indicate the full legal name, only first and last. If there might be more than one person with the same name, it will help to use a full legal name.

Under city, indicate the city where the person lives.

Under relationship, indicate the person’s relationship to you.

Under portion, indicate what portion you want the person to receive, e.g. one-half, one-third, etc. Be sure that the portions add up to one. If you are unsure as to the number of shares, for instance if you will be having children in the future, under portion you can indicate “equal”, which will mean that your estate would be divided among all of your children equally.

NAME CITY PORTION

Guardian of children

If you have children who are under 18, or if you don’t yet have children and you might have children in the future, you should specify who will have custody of any of your children.

7. The person that I want to have custody of my children is:

Distribution to children

If you have children, or if you don’t yet have children and you might have children in the future, you should consider how old they have to be before they receive payment of their share of your estate. Otherwise, they will be entitled to receive their full share once they reach the age of 18. I recommend that children not receive their share of the estate until they are 25 years old, as they may receive a significant amount of money. In the standard form of Will that I provide, your executor will be authorized to pay out money for your children’s benefit until they reach the age you specify.

8. My children should receive their share of my estate when they reach the age of:

Funeral arrangements

If you have special instructions regarding your funeral arrangements, you should state them in your will. If there are no special instructions in your will, your Executor will make the arrangements.

9. Special instructions for my funeral are as follows:

PART 2 - YOUR POWER OF ATTORNEY FOR PROPERTY

You have to choose someone to act as your Attorney for the management of your property and financial affairs. Your Attorney will have absolute control over all of your assets in the event that your are found to be incapable, and that this control will continue as long as you are incapacitated, unless your Attorney is replaced by someone else. It is crucial that you have complete confidence and trust in your Attorney.

You can have one Attorney or you can have more than one. If you have more than one, you have to decide whether the Attorneys must make decisions together or whether one would be able to make decisions on his own. I recommend that you choose one Attorney rather than multiple Attorneys. If you have more than one and they are required to make decisions together, and they are unable to come to an agreement, someone will have to apply to the court for decision.

Keep in mind that your Attorney may have to look after your property for a long time and there may be a lot of work involved. I recommend against selecting Attorneys who are older, because by the time your Power of Attorney takes effect, they may be too old to carry out the responsibilities. As well, administering your finances can be involved and complicated and therefore your Attorney should be old enough to handle the responsibility.

If possible, you should select an Attorney who resides in Ontario. Having an Attorney who does not reside in Ontario will make looking after your finances more complicated and will lead to additional costs.

10. My Attorney for the management of property will be:

Alternate executor

You should select an alternate Attorney in case the Attorney that you select as your first choice is unable or unwilling to act.

11. My alternate Attorney will be:

You should indicate whether your Attorney is entitled to paid for his or her time from your assets for acting on your behalf. Keep in mind that there may be a considerable amount of work involved and that he or she may be acting for a long time. The amount that the Attorney is to be paid can be reviewed by the court if there is a dispute as to the amount of payment.

12. Do you want your Attorney to be paid for acting as your attorney?

Your Power of Attorney for Personal Care

You have to choose someone to act as your Attorney for personal care. Your Attorney under your Power of Attorney for Personal Care will have absolute control over all decisions concerning your health care, nutrition, shelter, clothing, hygiene and safety and will also have the authority to give or refuse consent to medical treatment in the event that your are found to be incapable of making such decisions. This will continue as long as you are incapable of making decisions, unless your Attorney is replaced by someone else. It is crucial that you have complete confidence and trust in your Attorney.

You can have one Attorney or you can have more than one. If you have more than one, you have to decide whether the Attorneys must make decisions together or whether one would be able to make decisions on his own. I recommend that you choose one Attorney rather than multiple Attorneys. If you have more than one and they are required to make decisions together, and they are unable to come to an agreement, someone will have to apply to the court for decision.

Keep in mind that your Attorney may have to look you for a long time and there may be a lot of work involved. I recommend against selecting Attorneys who are older, because by the time your Power of Attorney takes effect, they may be too old to carry out the responsibilities. As well, administering your personal care can be involved and complicated and therefore your Attorney should be old enough to handle the responsibility.

If possible, you should select an Attorney who resides in Ontario. Having an Attorney who does not reside in Ontario will make looking after your personal care more complicated and will lead to additional costs.

13. My Attorney for the management of property will be:

Alternate Attorney

You should select an alternate Attorney in case the Attorney that you select as your first choice is unable or unwilling to act.

14. My alternate Attorney will be:

Attorney's compensation

You should indicate whether your Attorney is entitled to paid for his or her time from your assets for acting on your behalf. Keep in mind that there may be a considerable amount of work involved and that he or she may be acting for a long time. The amount that the Attorney is to be paid can be reviewed by the court if there is a dispute as to the amount of payment.

15. Do you want your Attorney to be paid for acting as your attorney?

Withdrawal of treatment

Many people wish that in the event they suffer from a terminal injury, disease or illness and death will occur whether or not life-sustaining procedures are used, they wish such procedures be withheld or withdrawn.

16. Is it your wish that medical treatment be withheld or withdrawn in such circumstances?