Estate Planning

We take great care in preparation of an effective Estate Plan. The following documents are essential in planning for incapacity and for the disposition of your estate upon death.

Power of Attorney for Personal Property: this document provides for the management of your financial affairs if you should become incapacitated (or whenever it is convenient for you to allow the person named to make decisions on your behalf).

Power of Attorney for Personal Care: allows you to stipulate who may make treatment and care decisions for you if you should be unable to make them yourself. It becomes effective only when you are incapacitated and unable to provide your Doctor, Nurses or any other health care professional with your instructions.

Advance Care Directive or “Living Will”: This direction may be included in your Power of Attorney for Personal Care. If you choose to make this direction, you will provide that if you are in a life-threatening or terminal medical condition you do not wish to have resuscitation or other medical treatment designed to prolong your life. Importantly, the Advance Care Directive is effective only if there is no “quality of life” likely to result from further medical treatment and you are in an incurable or irreversible medical condition which is likely to result in your death. If you choose not to include this direction, the person acting as your Attorney for Personal Care will have the responsibility to advise your Doctor in this regard.

Last Will and Testament: This is a document that “speaks from death” and provides for the distribution of your estate when you die. There are important decisions to make in preparing your Will which can include deciding on executor and trustees, making provision for future generations in the event that someone in your immediate family should predecease you, consideration of Spousal Trusts if your wife or husband is elderly or infirm, consideration of incapacitated beneficiaries and myriad of other issues.

Either Claire, or Martin can provide effective counsel and advice to make certain that your wishes are followed in your future care and in the disposition of your estate.

Estate Administration Tax Calculator

• The government of Canada requires that an Estate Administration Tax be paid on all estates valued above a certain amount. This tax is calculated on the total value (in Canadian dollars) of a deceased person's estate. This calculator offered by the Ministry of the Attorney General can help you to estimate the amount of Estate Administration Tax you can expect to pay.

• https://www.attorneygeneral.jus.gov.on.ca/english/estates/calculate.php