WILL QUESTIONNAIRE The following is intended to be of assistance to you in thinking about those things that you need to deal with in making a Will or drawing a Power of Attorney. The questions asked are intended to be for my assistance. You need not answer any questions that you choose not to answer as it certainly is not intended to intrude upon your personal life. Do keep in mind that some of the questions that are included are to enable me to carry out your wishes or to protect you from legal problems that could ensue should I not be aware of certain matters.With the comments in the previous paragraph in mind, please assist me with the following background information before proceeding with the main portion of the questionnaire directed toward the actual intent and structure of your Will and/or Power of Attorney. If you do not feel secure in answering the questionnaire, you may certainly use it as guidance and then book an appointment to discuss various aspects with me. Surname First name Middle name Address: Number Unit Street Municipality Postal Code Phone #(Home) Phone #(Office) Phone # (Spouse Office) Fax # E-mail address Cellular Phone # Marital Status Married Single Divorced If you are a spouse, or living common-law, please advise the full name of your spouse Surname: First Name: Middle Name: Names of children including birth dates - please include all names if you are able Surname: First Name: Middle Name: Birth Date: Surname: First Name: Middle Name: Birth Date: Surname: First Name: Middle Name: Birth Date: Surname: First Name: Middle Name: Birth Date: More than 4? click here if you have more than 4 children Marital Circumstances Do you have: A marriage Contract or a Separation Agreement An Order against you for: Spousal Support Child Support Health: Do you have any health problems or disabilities, including: Hearing Eyesight Health If so, please state Disability of a Beneficiary: Are any of your potential beneficiaries suffering from any disability for which they either are receiving or will receive any Provincial or Federal benefits. The answer to this question may prevent the Government from claiming to monies you would wish to utilize for the benefit of a disabled person which monies would otherwise potentially come under the control of the Government. Check here if you have any beneficiary who has a disability. EXECUTOR OR ESTATE TRUSTEE: An Executor or Estate Trustee is the person you name in your Will to make the decisions in your estate upon your death. That person steps into your shoes and is authorized in the Will to do anything in the estate that you personally could have done. The Executor or Estate Trustee would be the person who would decide, for example, at what price any real estate that you may own would be sold and the timing of any such sale. That person would similarly decide as to the sale of any other assets, including stocks, bonds or other investments, and the timing of such sales. Because that person, on your death, steps into your shoes, and can do anything that you as a person could have done, it is important to name someone in whom you have trust. You can name one or more persons. If you are a spouse, you certainly can name, and in most instances would prefer to name, that spouse. Alternatively, you can name a trust company either alone or in conjunction with one or more individuals as Executor or Trustee. Because the Executor or Estate Trustee could die before you do, it is essential that you name one or more alternates. Name(s) of the Executor(s) or Estate Trustee(s) Surname: First Name: Middle Name: Relationship Surname: First Name: Middle Name: Relationship Name(s) of Alternate Executor(s) or Estate Trustee(s) Surname: First Name: Middle Name: Relationship Surname: First Name: Middle Name: Relationship Surname: First Name: Middle Name: Relationship GIFTS OF OBJECTS OR MONEY Generally, a Will speaks in terms of leaving the whole of the estate to one or more persons, as for example, your spouse, children or other family members. However, you may wish to give specific objects or money to a particular person or organization. Should you decide to give money or objects, those gifts can take place at the time of your death or, alternatively, only in the event a certain beneficiary, for example a spouse, predeceases you. Would you please advise if you have any such specific gifts and whether the gift is to take place at your death or only if you and another person, such as your spouse, are both deceased.Check here if there are to be gifts of objects or money WHO IS TO BENEFIT FROM YOUR ESTATE When you die, who do you wish to receive your estate? Is it to be: Your Spouse? Your Children? Other? If children, please name each of your children and their ages. In the event your children are to inherit from you, I would assume, unless you state otherwise, that is only to occur if your spouse predeceases you. Please advise. I confirm that my children only inherit upon the death of my spouse. In the event one of your children predeceases you and your spouse, leaving children, would your grandchild(ren) inherit the share to which your predeceased child would have been entitled had he or she survived you? Please specifically advise if my assumption is correct. I agree. OTHER INSTRUCTIONS In the event that none of the above-named people survive, that is to say, your spouse is deceased, you have no children and you have no grandchildren (for example, if there was a common accident of some kind), who would then inherit your estate? Potential beneficiaries might very well include brothers, sisters, nephews and nieces, parents or charities. Please provide information. PERSONAL MATTERS In the event you have information that you feel is too personal to communicate in this fashion, please consult me in that regard. I will, in any event, wish to discuss your instructions before finalizing your Will. CHARITIES In the event that any of the potential beneficiaries of your estate are charities, you should confirm the official name of that charity or you may wish us to make efforts in that regard on your behalf? ADMINISTRATIVE MATTERS Age of Taking:The age of majority in Ontario is age eighteen. That does not prevent educational and other needs being taken care of before a child reaches the age of eighteen. You may, however, feel that age eighteen is too young for either a child or grandchild (remember one of your children may predecease you leaving children) to inherit your estate. Please specify the age at which you want the beneficiaries under your Will to inherit. I do not recommend an age older than the age of twenty-five unless the circumstances are unusual. Family Law Act: The Province has legislation known as the Family Law Act. In order to try to protect against a spouse of a beneficiary from receiving monies on a separation, it is prudent to include a clause in your Will attempting to protect a beneficiary from having to give a portion of that money to a spouse if a separation occurs. Please instruct me as to whether or not you wish the spouse of a family member or other beneficiary to receive anything on a separation. Legitimacy clause: In Ontario, the word "child" or "grandchild" includes children, whether they are legitimate or not. If there is a situation in your family whereby you wish to prevent against illegitimate children from inheriting, please advise. Guardians for Minor Children: This clause is included for those who have minor children and wish to name a guardian for those children. Careful consideration should be given before naming a guardian for your children and, of course, this should be discussed with the person or persons you wish to name as guardian(s). You may also wish to name an alternate guardian in the event the person you have named has predeceased you or is unable or unwilling to act as guardian. I agree. Name(s) of the Guardian(s) Surname: First Name: Middle Name: Relationship Funeral instructions:Funeral instructions by law need not be carried out by the Executor you name in your Will but some people wish to include funeral instructions in their Will. If you wish to include such instructions, please provide those instructions. Organs for Transplant or Research: The Executor you name is not obliged by law to carry out any instructions you include in your Will with respect to the donation of your organs for either transplant or research purposes. If, however, you wish to include such instructions, please give me those instructions. Taxes and Estate Planning: It is especially important to avoid giving any money to the government if at all possible. That can be avoided by planning. You should, as a result, raise with me the question of taxation which may impact upon you at death, including probate fees. Probate Fees and Capital Gains: I may be able to assist you so that it is unnecessary to have a lawyer involved in your estate (that is to say to avoid legal fees at death) or, alternatively, to minimize the need for a lawyer at such time. I would want to discuss the taxation of capital gains with you POWERS OF ATTORNEY A Will is a document that has no effect until the time of your death. During your lifetime, you may be involved in an accident or have health problems that prevent you from looking after your affairs for a momentary period of time. You may also be incapacitated in the sense of not being able to care for yourself for a period of time. In both such instance, a Will has no effect because you are still alive and, therefore, it is necessary to appoint a person or persons to act on your behalf in both instances. The way in which that is accomplished is through a Power of Attorney. A Power of Attorney only has effect up until the time of your death. There are two types of Powers of Attorney, namely: Power of Attorney for the Management of Property: This is an appointment of one or more persons, during your lifetime, to act for you to deal with financial and property matters. For example, the authority in favour of someone to sign cheques, pay bills or even sign the Deed to your property. Power of Attorney for Personal Care: This Power of Attorney enables the person or persons you appoint to make medical decisions on your behalf, including whether you should be kept artificially alive on life support in circumstances where there may be no reasonable expectation of you ever recovering. Although we do not use the term in Canada, Americans refer to this type of Power of Attorney as a "living Will". The term is confusing because it is not a Will but it does, however, deal with the ability to make health care decisions on your behalf while you are living. The Powers of Attorney, whether for the Management of Property or Personal Care, can be restricted to only apply if you are incapable but on discussion, that is not the approach that most persons decide upon. Please check this box if you wish to discuss Powers of Attorney: BACK 251 Exmouth St. Sarnia, Ontario N7T 5M7 Phone Number: (519) 337-1529 Fax Number: (519) 336-2569 Email: beaudet@ebtech.net
With the comments in the previous paragraph in mind, please assist me with the following background information before proceeding with the main portion of the questionnaire directed toward the actual intent and structure of your Will and/or Power of Attorney. If you do not feel secure in answering the questionnaire, you may certainly use it as guidance and then book an appointment to discuss various aspects with me.
Check here if you have any beneficiary who has a disability.
Check here if there are to be gifts of objects or money
In the event your children are to inherit from you, I would assume, unless you state otherwise, that is only to occur if your spouse predeceases you. Please advise. I confirm that my children only inherit upon the death of my spouse.
In the event one of your children predeceases you and your spouse, leaving children, would your grandchild(ren) inherit the share to which your predeceased child would have been entitled had he or she survived you? Please specifically advise if my assumption is correct. I agree.
The age of majority in Ontario is age eighteen. That does not prevent educational and other needs being taken care of before a child reaches the age of eighteen. You may, however, feel that age eighteen is too young for either a child or grandchild (remember one of your children may predecease you leaving children) to inherit your estate. Please specify the age at which you want the beneficiaries under your Will to inherit. I do not recommend an age older than the age of twenty-five unless the circumstances are unusual.
Family Law Act:
The Province has legislation known as the Family Law Act. In order to try to protect against a spouse of a beneficiary from receiving monies on a separation, it is prudent to include a clause in your Will attempting to protect a beneficiary from having to give a portion of that money to a spouse if a separation occurs. Please instruct me as to whether or not you wish the spouse of a family member or other beneficiary to receive anything on a separation.
Legitimacy clause:
In Ontario, the word "child" or "grandchild" includes children, whether they are legitimate or not. If there is a situation in your family whereby you wish to prevent against illegitimate children from inheriting, please advise.
Guardians for Minor Children:
This clause is included for those who have minor children and wish to name a guardian for those children. Careful consideration should be given before naming a guardian for your children and, of course, this should be discussed with the person or persons you wish to name as guardian(s). You may also wish to name an alternate guardian in the event the person you have named has predeceased you or is unable or unwilling to act as guardian. I agree.
Funeral instructions by law need not be carried out by the Executor you name in your Will but some people wish to include funeral instructions in their Will. If you wish to include such instructions, please provide those instructions.
Organs for Transplant or Research:
The Executor you name is not obliged by law to carry out any instructions you include in your Will with respect to the donation of your organs for either transplant or research purposes. If, however, you wish to include such instructions, please give me those instructions.
Taxes and Estate Planning:
It is especially important to avoid giving any money to the government if at all possible. That can be avoided by planning. You should, as a result, raise with me the question of taxation which may impact upon you at death, including probate fees.
Probate Fees and Capital Gains:
I may be able to assist you so that it is unnecessary to have a lawyer involved in your estate (that is to say to avoid legal fees at death) or, alternatively, to minimize the need for a lawyer at such time. I would want to discuss the taxation of capital gains with you
A Will is a document that has no effect until the time of your death. During your lifetime, you may be involved in an accident or have health problems that prevent you from looking after your affairs for a momentary period of time. You may also be incapacitated in the sense of not being able to care for yourself for a period of time. In both such instance, a Will has no effect because you are still alive and, therefore, it is necessary to appoint a person or persons to act on your behalf in both instances. The way in which that is accomplished is through a Power of Attorney. A Power of Attorney only has effect up until the time of your death. There are two types of Powers of Attorney, namely:
Power of Attorney for the Management of Property: This is an appointment of one or more persons, during your lifetime, to act for you to deal with financial and property matters. For example, the authority in favour of someone to sign cheques, pay bills or even sign the Deed to your property. Power of Attorney for Personal Care: This Power of Attorney enables the person or persons you appoint to make medical decisions on your behalf, including whether you should be kept artificially alive on life support in circumstances where there may be no reasonable expectation of you ever recovering. Although we do not use the term in Canada, Americans refer to this type of Power of Attorney as a "living Will". The term is confusing because it is not a Will but it does, however, deal with the ability to make health care decisions on your behalf while you are living.
Power of Attorney for the Management of Property:
This is an appointment of one or more persons, during your lifetime, to act for you to deal with financial and property matters. For example, the authority in favour of someone to sign cheques, pay bills or even sign the Deed to your property.
Power of Attorney for Personal Care:
This Power of Attorney enables the person or persons you appoint to make medical decisions on your behalf, including whether you should be kept artificially alive on life support in circumstances where there may be no reasonable expectation of you ever recovering. Although we do not use the term in Canada, Americans refer to this type of Power of Attorney as a "living Will". The term is confusing because it is not a Will but it does, however, deal with the ability to make health care decisions on your behalf while you are living.
The Powers of Attorney, whether for the Management of Property or Personal Care, can be restricted to only apply if you are incapable but on discussion, that is not the approach that most persons decide upon.
Please check this box if you wish to discuss Powers of Attorney:
251 Exmouth St. Sarnia, Ontario N7T 5M7 Phone Number: (519) 337-1529 Fax Number: (519) 336-2569 Email: beaudet@ebtech.net