Wills & Estate

A will does more than distribute assets — it lets you name an executor you trust to manage your affairs, specify guardians for minor children, and make your wishes clear so your loved ones are not left guessing during an already difficult time. Without a will, provincial default rules decide how your estate is handled, which may not reflect what you would have wanted, regardless of the size of your estate. Even a modest estate benefits from the clarity and reduced stress a properly prepared will provides for the people you leave behind.

If you die without a valid will, your estate is generally distributed according to a fixed legal formula rather than your own wishes, and the court appoints someone to administer your estate, who may not be the person you would have chosen. This process can take longer, cost more, and create unnecessary stress for your family during a difficult time. It can also mean assets go to relatives you did not intend, or that no provision is made for people who mattered to you but are not legally considered close family.

Probate is the court process that formally confirms a will is valid and authorizes the executor to act on the estate's behalf. Whether probate is required depends on the types of assets involved and how they are held — some assets, like those held jointly or with a named beneficiary, may pass outside of probate, while others, particularly real estate and certain financial accounts, typically require it. We review the specific makeup of your estate to explain whether probate is likely to be necessary in your situation.

An executor should be someone you trust to act responsibly, follow your wishes, and handle administrative tasks like paying debts, filing paperwork, and distributing assets. This does not need to be your oldest child or closest relative — it should be whoever is most capable and willing to take on the role, which can sometimes be a friend, a professional, or a trust company rather than a family member. It is worth discussing the role with the person you have in mind beforehand, since being an executor carries real responsibility.

Yes, you can update your will at any time as long as you are mentally capable of understanding the changes you are making. Life events such as marriage, divorce, the birth of a child, or a significant change in assets are common reasons to revisit a will. Rather than making informal handwritten changes to an existing document, which can create confusion or be legally ineffective, it is best to have any updates properly prepared and executed so your wishes are clearly and validly recorded.

A power of attorney is a legal document that lets you name someone to make financial or legal decisions on your behalf if you are unable to do so yourself, whether temporarily or permanently. It is different from a will, which only takes effect after death — a power of attorney applies while you are still alive but unable to manage your own affairs. Most adults benefit from having one in place, since it avoids the need for a court process to appoint someone if you become incapacitated unexpectedly.

It helps to bring a general list of your assets and debts, information about your family situation, including any dependents, and a sense of who you would like as executor, guardian for minor children, or attorney under a power of attorney. If you already have an existing will or estate planning documents, bring those as well. You do not need everything finalized in advance — the first meeting is about understanding your situation and identifying what needs to be addressed.

As a general guide, it is worth reviewing your will every few years, or sooner after any major life change such as marriage, separation, the birth of a child, a significant change in assets, or the death of an executor or beneficiary named in your will. An outdated will can create confusion or fail to reflect your actual wishes, even if it remains technically valid. Treating your will as a document to revisit periodically, rather than something to set once and forget, helps keep it aligned with your current circumstances.