Wills, EPAs, and PDs FAQ
What is a will?
A will is a legal document describing what you want to do with your property. There are some complex rules about how wills are interpreted, and it is important to get a qualified lawyer to help prepare your will — wills that are made based on kits often result in unintended risks and can cause considerable difficulty for loved ones after death.
What happens if I die without a will?
When someone dies without a will, their estate is distributed according to the “intestacy rules” found in the Wills and Succession Act. I would generally recommend against relying on these rules — first, because they might change between when you make that decision and the time of your death, and second, because it is worthwhile to consider how your choices will effect your loved ones.
What happens if I make my will without talking to a lawyer?
A lawyer will be familiar with some of the risks involved in drafting a will, and some techniques that can help make sure things work out the way you want. I personally have seen the following because of poorly prepared wills:
Loved ones fighting in court over the distribution of an estate;
Loved ones resorting to physical violence over the possession of physical remains;
Loved ones fighting each other over who will be the Personal Representative (executor);
Loved ones contesting a will based on mental capacity;
Property going to the wrong person because of a misunderstanding about corporate structure;
Families being torn apart over vague instructions in a will;
Loved ones unable to pay for necessary expenses because of difficulties in estate administration; and
Entire estates being used up by legal fees because of disagreements between loved ones
What is an EPA? What is a PD?
An EPA, or Enduring Power of Attorney, is a legal document that allows someone to manage your legal affairs if you become incapable of making those decisions on your own. A PD, or Personal Directive (sometimes called a “living will”), is a legal document that allows someone to make personal decisions on your behalf (like decisions about your medical care, where you will live, etc.). Many people don’t have these documents, and don’t realize they need them until it is too late. If you are rendered unable to make these decisions for yourself, you also become incapable of making an EPA or PD.
Why is it important to get an EPA and PD?
If you become unable to make your own decisions, you are also legally unable to make an EPA or PD. That means that it will be too late for you to make those decisions on your own, and it will be up to your loved ones to apply to the Court for the right to make those decisions on your behalf. Currently, that process takes about six or seven months. During that time, your family or loved ones will need to pay for all of your costs themselves; they will be unable to access your assets or estate to pay for your care. Since I help in those types of situations, I know what a tremendous stress this can place on loved ones.
Also, when you make your own EPA and PD, you can think about your own intentions and plan for the worst. If you don’t have these documents, all of those decisions will be up to your loved ones. They will not know what you wanted unless you have prepared these documents to let them know.
How can I get a will, EPA, and PD done without spending too much money?
R A Kennedy Law currently has a special on for people in Northern Edmonton. Please click the button below to find out more.