WILLS AND ESTATES

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Wills

Having a Will is very important. It is the best way to ensure that your wishes are respected and your family is looked after upon your death.  You should think about who you want to have take care of your personal assets after your death. You can appoint an executor, a person or more than one person who will be responsible for carrying out your wishes.

The executor may also be responsible for administering any trusts you have set up in your Will (for example, a trust for young children).  It is a very important and time consuming job.  An executor is entitled to financial compensation from the estate for services rendered.  Often a person's spouse is named executor.  You can have more than one executor.

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Powers of Attorney

It is custom that along with getting a Will done, one should get a Power of Attorney for Personal Care and a Power of Attorney for Property. This is in the event that you are still alive but unable to manage your own affairs. You can add conditions to your Power of Attorney in the event you have special medical wishes or want to restrict what your Attorney can do with your health and property.

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Estate Administration & Probate

An executor is responsible for filing your Will with the Court after your death, as well as collecting the assets, satisfying your requests, paying debts, arranging the burial, and distributing your estate in accordance with the instructions you left in your Will.  In order to carry out such tasks, the Executor(s) of your Will will need to obtain a Certificate of Appointment of Estate Trustee. This certificate can be obtained for a deceased person with a Will or without one.