GARY LLOYD GOTTLIEB, Q.C.
BARRISTER & SOLICITOR & NOTARY PUBLIC
600 Bay Street, Suite 309, Toronto, Ontario, Canada  M5G 1M6
tel. (416) 977-3835; fax (416) 977-3807; e-mail: click here
website: www.glgqc.com

WILLS, ESTATES AND POWERS OF ATTORNEY

General Information
Estate Administration
Elder Law
Do I Need A Will?
Power of Attorney Services
Executor and Trustee Services
Estate Administration Services

GENERAL INFORMATION:

In a will you appoint an executor and trustee of your estate and give him or her instructions as to its distribution in the event of your death.

In a power of attorney you appoint an attorney to act on your behalf while you are living, usually in the event you become incapable or incapacitated.   There are two types of powers of attorney, a power of attorney for property and a power of attorney for personal care.

WILLS:

Wills can be simple or complex, and when having a will prepared there are a number of basic decisions you have to make:

• Who do you want the executor(s) and trustee(s) to be?
• Do you want to appoint any alternate executor(s) and trustee(s)?
• Do you want to appoint a guardian and trustee for any children you might have?
• Do  you want to appoint an alternate guardian and trustee?
• Who do you want your beneficiaries to be?
• Do you want to make any specific bequests to individuals or charities?
• How do you want the remainder of your estate distributed?

POWERS OF ATTORNEY:

When having a power of attorney for property and/or a power of attorney for personal care prepared, there are a number of basic decisions you have to make:

• Who do you want your attorney(s) to be?
• Do you want to appoint any alternate attorney(s)?
• Do you want to place any conditions and restrictions in your power(s) of attorney?
• When do you want the power(s) of attorney to become effective?
• Is any compensation to be given to your attorney(s)?

ESTATES:

If you die without a will:

It will take more time and cost more money to handle your estate if you die without a will.  In addition, there will be difficulties that could have been avoided had a will been left.  A court application will have to be made to have an administrator appointed, and the estate itself will have to be distributed in accordance with the Succession Law Reform Act.  This is usually not the way you would have wanted your estate to be distributed in the event of your death.

Some of the basic tasks in handling an estate:

Outlined below are some of the basic tasks that are the responsibility of the executor(s) and trustee(s) of your will and/or the lawyer for your estate:

• Paying debts and funeral expenses.
• Applying to the court for a certificate of appointment of estate trustee(s) with a will.
• Applying for Canada Pension Plan death benefit and/or survivor(s) benefits.
• Advertising for creditors.
• Filing any outstanding income tax returns and paying any outstanding income taxes.
• Filing an income tax return as of the date of death and applying for an income tax clearance certificate as of the date of death.
• Filing any necessary income tax returns for the estate and applying for an income tax clearance certificate for the estate.
• Collecting, investing if necessary, transferring and distributing the assets of the estate in accordance with the will's instructions.

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