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Wills & Estates

A Will is a legal document that determines how your estate will be distributed after you die. Your Will also appoints an executor, being the person who has the responsibility to finalize your estate according to your wishes and ensures compliance with all legal requirements. Contact Us for Wills and Estates Services.

Having a Will means that when you die, your assets can be distributed efficiently and effectively to the people that you care about. If this is important to you, and you're over the age of 18, then yes, you absolutely need a will.

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We can help you draft a Will, so your wishes are carried out.

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We are experienced in succession planning and Wills and Estates matters and can also assist you as your circumstances change over time.

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We can help you prepare, complete and execute Wills, Enduring Power of Attorney and Health Directives.

  • Do I need to review my Will once I've done it?

    If your assets, your circumstances, or your relationships change, your Will may no longer be appropriate or valid. To make sure your Will continues to reflect your wishes, we recommend reviewing it every two years.

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    If something major happens in your life, you should immediately review your Will. Significant events include births, deaths, marriage or the commencement of a new relationship, separation, divorce or some other relationship breakdown.

  • What if I die without a Will?

    If you die without a Will, sometimes referred to as dying intestate, your assets will be distributed based on a statutory formula.

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    This means that all your assets, including your personal belongings, will be distributed based on a formula set out in law rather than according to your wishes. The people who you most want to benefit from your estate may receive nothing at all.

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    It may also take longer and be more costly for your estate to be administered and finalized if you don't have a Will. This can cause significant stress for your family and loved ones at an already quite stressful time.

  • Can I challenge a Will?

    You can challenge a Will based on three (3) grounds:


    • Where there are questions about a person's mental capacity at the time they made their Will.
    • When you are disappointed with the contents of the Will.
    • When you believe that a person made a Will under the influence of another person.

    There are strict time limits for challenging Wills


    If you wish to challenge the contents of a Will, an action must be brought within six (6) months from the date of the grant of probate.

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ISLAMIC WILL

An Islamic will, often referred to as "wasiyyah" in Arabic, is a legal document that outlines the distribution of a Muslim's assets and belongings after their death in accordance with Islamic law, or Shariah. It is considered a crucial aspect of a Muslim's faith and responsibility towards their family and loved ones.


Here's a comprehensive overview of Islamic wills:


  • Importance of Islamic Will:

    Religious Obligation: In Islam, leaving a will is not just a cultural practice but a religious obligation. The Prophet Muhammad (peace be upon him) emphasized the importance of making a will in various hadiths (sayings), ensuring that one's wealth is distributed fairly and according to Islamic principles.


    Ensuring Fair Distribution: The primary objective of an Islamic will is to ensure that a deceased person's estate is distributed justly among their heirs. It prevents any disputes and ensures that each heir receives their rightful share as prescribed by Shariah.

  • Key Components of an Islamic Will:

    Executor: The will typically designates an executor (wasi) who will oversee the execution of the will and ensure that the deceased's wishes are carried out accordingly.


    Inheritance Distribution: Islamic law prescribes specific shares for each heir (e.g., children, spouse, parents) depending on their relationship to the deceased. The will may specify these shares or simply follow the default distribution outlined in Shariah.


    Debts and Obligations: Any outstanding debts or financial obligations of the deceased should be settled before the distribution of assets among the heirs. The will may address how these debts are to be paid.


    Funeral Arrangements: It's common for an Islamic will to include instructions regarding funeral arrangements and burial rites according to Islamic customs.


    Charitable Bequests: Muslims are encouraged to allocate a portion of their wealth for charitable purposes (sadaqah) in their wills. This could include donations to mosques, educational institutions, or other charitable organizations.


    Guardianship of Minors: If the deceased has minor children, the will may designate guardians who will be responsible for their upbringing in accordance with Islamic principles.

  • Execution of an Islamic Will:

    Legal Requirements: While the contents of an Islamic will are guided by religious principles, it must also adhere to the legal requirements of the jurisdiction in which it is executed. This may involve formalities such as witnessing and notarization.


    Probate Process: After the death of the testator (the person making the will), the executor is responsible for initiating the probate process, which involves validating the will and administering the distribution of assets in accordance with its instructions.


    Respecting Shariah: It's crucial for the executor and beneficiaries to respect the religious principles outlined in the Islamic will throughout the execution process.

An Islamic will is not only a legal document but also a spiritual testament to a Muslim's faith and values. By ensuring fair distribution of wealth, settling obligations, and making provisions for the welfare of loved ones, it reflects the principles of justice, compassion, and responsibility emphasized in Islam. Muslims are encouraged to make their wills early in life and update them regularly to reflect any changes in circumstances or assets.

COMMON LAW WILL

A common law will, also known as a testamentary will, is a legal document that outlines how an individual wishes to distribute their assets and handle other matters upon their death.

Here's a breakdown of common law wills:

  • Importance of Common Law Wills

    Legal Validity: A common law will ensures that the wishes of the deceased are legally recognized and carried out according to the laws of the jurisdiction where the will is executed.


    Asset Distribution: It provides a clear and legally binding mechanism for distributing the deceased's assets among beneficiaries, including family members, friends, charities, and other entities.


    Guardianship of Minor Children: A common law will typically allows the testator (the person making the will) to designate guardians for minor children, ensuring their care and upbringing according to the testator's preferences.


  • Key Components of a Common Law Will

    Executor: Similar to an Islamic will, a common law will designates an executor who is responsible for administering the estate and ensuring that the instructions in the will are carried out.


    Asset Distribution: The will specifies how the deceased's property, money, investments, and other assets are to be distributed among beneficiaries. It may also include provisions for specific bequests, such as sentimental items or charitable donations.


    Debts and Taxes: A common law will typically addresses the payment of outstanding debts, taxes, and other financial obligations of the deceased from their estate before distributing assets to beneficiaries.


    Funeral and Burial Instructions: The will may include instructions regarding funeral arrangements, burial or cremation preferences, and any other specific wishes the deceased may have regarding their final arrangements.


  • Execution of a Common Law Will

    Legal Formalities: Common law wills must comply with specific legal formalities dictated by the jurisdiction where they are executed. These may include requirements related to witness signatures, notarization, and other procedural steps to ensure the will's validity.


    Probate Process: After the death of the testator, the executor initiates the probate process, which involves submitting the will to the court for validation and obtaining legal authority to administer the estate according to its instructions.


    Challenges and Contests: Common law wills may be subject to challenges or contests by disgruntled heirs or other interested parties. It's important for the testator to carefully consider potential challenges and take steps to minimize the risk of disputes.


A common law will provides individuals with a legally recognized means of expressing their wishes regarding the distribution of their assets and other important matters after their death. By following the legal requirements of their jurisdiction and ensuring clarity and specificity in the document, individuals can help facilitate the smooth administration of their estates and minimize the potential for conflicts among beneficiaries. Regular review and updating of the will are recommended to reflect any changes in circumstances or preferences.

wills and estates
wills and estates

Power of Attorney

A Power of Attorney (POA) is a legal document that grants someone else the authority to act on your behalf in various matters. It's a vital tool for ensuring that your affairs are managed effectively, especially if you become incapacitated or are unable to handle certain tasks yourself.

Here's an in-depth look at the Power of Attorney:


  • Importance of Power of Attorney

    Ensuring Continuity: A POA allows you to appoint a trusted individual, known as an "agent" or "attorney-in-fact," to make decisions and take actions on your behalf when you're unable to do so yourself due to illness, disability, or absence.


    Managing Financial Affairs: With a financial POA, your agent can handle tasks such as paying bills, managing investments, accessing bank accounts, and filing taxes, ensuring that your financial affairs continue to be managed properly.

  • Types of Power of Attorney:

    General Power of Attorney: Grants broad powers to the agent to handle financial, legal, and business matters on your behalf. It's often used for temporary situations or when you're unable to handle tasks due to travel or illness.


    Limited or Special Power of Attorney: Specifies particular powers or limits the agent's authority to a specific task or time period. For example, you might grant someone a limited POA to sell your house while you're out of the country.


    Enduring Power of Attorney: Only goes into effect under specific circumstances, such as if you become incapacitated. It offers protection and control over your affairs while ensuring that your agent's authority is not activated until needed.

  • Creating a Power of Attorney:

    Legal Requirements: POAs must meet specific legal requirements, which vary by jurisdiction. Typically, you must be of sound mind and legal age to create a POA, and the document must be signed in the presence of witnesses or notarized.


    Choosing an Agent: Selecting a trustworthy and competent agent is crucial. Consider someone who understands your wishes, shares your values, and is capable of handling the responsibilities outlined in the POA.


    Defining Powers: Clearly specify the powers granted to the agent in the POA document, including any limitations or restrictions. This helps prevent misunderstandings and ensures that the agent acts within the scope of their authority.

  • Revoking or Amending a Power of Attorney:

    Revocation: You have the right to revoke or cancel a POA at any time, as long as you're mentally competent to do so. You can revoke a POA by notifying your agent in writing and destroying any copies of the document.


    Amendment: If you need to make changes to the POA, you can create a new document, known as an amendment or codicil, to modify specific provisions or appoint a new agent.


A Power of Attorney is a valuable legal tool that provides peace of mind and protection for individuals and their families. By carefully considering your needs, selecting a trusted agent, and creating a legally valid document, you can ensure that your affairs are managed according to your wishes, even in challenging circumstances. Regular review and updating of the POA are recommended to reflect any changes in your circumstances or preferences. Consulting with a legal professional can help ensure that your POA meets all legal requirements and provides the necessary protections for you and your loved ones.

Personal Health Directive

A Personal Health Directive, also known as a healthcare directive, advance directive, or living will, is a legal document that outlines a person's wishes regarding medical treatment and healthcare decisions in the event they become unable to communicate or make decisions for themselves. It provides guidance to healthcare providers and family members about the individual's preferences for medical care, end-of-life treatment, and other healthcare-related matters.


Here's a comprehensive overview:


  • Importance of Personal Health Directives

    Autonomy and Control: A personal health directive allows individuals to maintain control over their medical treatment and end-of-life care, even if they are incapacitated or unable to communicate their wishes.


    Peace of Mind: By documenting their preferences in advance, individuals can alleviate anxiety and uncertainty for themselves and their loved ones, ensuring that their healthcare decisions align with their values and beliefs.


    Reduce Family Conflict: Personal health directives help prevent disagreements among family members about medical treatment and end-of-life care, minimizing the potential for conflicts and ensuring that the individual's wishes are respected.


  • Key Components of a Personal Health Directive:

    Medical Treatment Preferences: The directive may specify the types of medical treatments and interventions the individual desires or wishes to refuse, such as life-sustaining measures, resuscitation, mechanical ventilation, or artificial nutrition and hydration.


    End-of-Life Care: It may address preferences for palliative care, hospice care, pain management, and other comfort measures at the end of life. The individual can express their preferences regarding the quality of life, pain relief, and dignity in dying.


    Appointment of Healthcare Proxy: A personal health directive often includes the appointment of a healthcare proxy or healthcare agent—a trusted individual who is authorized to make medical decisions on behalf of the individual if they are unable to do so themselves.


    Organ Donation: Individuals may use the directive to express their wishes regarding organ and tissue donation for transplantation or medical research purposes.


    Religious or Cultural Preferences: The directive may incorporate religious or cultural beliefs that influence the individual's healthcare decisions, such as preferences for certain rituals or practices.

  • Creating a Personal Health Directive

    Legal Requirements: Personal health directives must meet specific legal requirements, which vary by jurisdiction. Typically, the document must be in writing, signed by the individual or their authorized representative, and witnessed or notarized according to state or provincial laws.


    Consultation with Healthcare Providers: It's advisable to discuss the contents of the directive with healthcare providers, including primary care physicians, specialists, and hospital staff, to ensure that they understand and can implement the individual's preferences effectively.


    Communication with Family Members: Individuals should communicate their wishes to family members and loved ones to ensure that everyone is aware of their preferences and understands their role in advocating for those wishes if necessary.

  • Review and Update:

    Regular Review: Personal health directives should be reviewed periodically to ensure that they accurately reflect the individual's current preferences and circumstances. Changes in health status, medical treatments, or personal beliefs may warrant updates to the directive.


    Accessibility: It's essential to keep the directive in a readily accessible location and provide copies to healthcare providers, family members, and the appointed healthcare proxy. Emergency medical personnel should be informed of its existence and location.

A Personal Health Directive empowers individuals to make informed decisions about their medical care and end-of-life preferences (wills and estates), even when they are unable to communicate. By documenting their wishes in advance and appointing a trusted healthcare proxy, individuals can ensure that their healthcare decisions align with their values and receive the care they desire. Regular review and communication with healthcare providers and family members are essential to ensure that the directive remains current and effective. Consulting with legal and healthcare professionals can help individuals create a comprehensive and legally valid directive that meets their unique needs and preferences.

wills and estates