In the unfortunate event that a person becomes incapable of managing their property or becomes incapable of making their own personal care decisions, a person can apply to be appointed as the incapable person’s guardian of their property or person. The decision by the court to appoint a guardian is very serious as it leads to reducing a person’s autonomy and their right to make decisions. As a result the guardianship application process must be strictly followed. Our team assists with guardianship applications including filing all the necessary application documents with the court and developing a guardianship plan.
We can virtually help you with such services as:
- Preparation of wills drafting and updating
- Preparation of power of attorney and personal directives
- Probate and administration of estates
- Flexible signing options
We are open and here to serve you during these challenging times.
A properly prepared will allows you to control who receives your assets when you pass away and who has guardianship of your minor children.
BOYNECLARKE LLP’s Wills, Estates and Trusts Team provides client centred, tax-driven planning and a range of services for both individuals and commercial clients. Our lawyers are also experienced in resolving the disputes that may arise in connection with wills, estates and trusts through the involvement of practitioners from our Litigation Team, when required.
What happens if you don’t have an Estate Plan?
What happens if you don’t have an Estate Plan?
Why do you need a will?
Anyone over the age of majority can benefit from having a will prepared. Not only is it a flexible way to provide evidence of your wishes but it can reduce the stress and uncertainty for family members and loved ones after you have passed. Located in Halifax – Dartmouth, we offer our clients assistance with drafting a will or living will and revising a will.
Although each person’s life is different, it is important to consider the following benefits of having a will:
- You have control over divisions of assets upon death
- You control the age your child or children receive their inheritance
- You decide who is responsible for your estate by appointing an executor
- It provides instruction for the guardianship of any minor or dependent children
- It helps to minimize tax implications
- It speeds up the probate process
Connect with a team member today to get started on your will.
What is involved in estate planning?
Today, the area of estate planning involves much more than making arrangements for the distribution of property on death. Estate planning also involves arranging transfers in the event of death or illness, planning in relation to nursing care costs and the appointment of an agent to give consent concerning medical treatment. We ensure that you are aware of all of the different aspects of estate planning and ways in which we might be of assistance. We work with you to prepare detailed estate planning documents.
Many times it will be to your benefit to combine the preparation of a will, a power of attorney, and a medical consent with general advice on all aspects of estate planning.
View our most frequently asked questions.
How We Can Help
We assist clients ranging from newlyweds who are having their first simple estate plan drawn up, to high net wealth individuals. Our approach to estate planning is to ensure that we understand all of the variables that may affect your estate planning, including assets, liabilities, family structure, and family members not included in the estate. This thorough approach ensures that we have all of the information we need to appropriately advise you on the following matters:
- Business succession planning
- Establishing family trusts
- Guardianship applications
- Medical consent appointments
- Powers of Attorney
- Tax planning to minimize the tax implications
- Trustee appointments
Learn more about the services our team provides.
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Areas of Focus
Guardianship
Medical Consent Appointments
The Personal Directives Act enables you to appoint a person to give consent or directions respecting personal care matters which may be required for you at a time when you lack the capacity to give consent or directions. This is what many people consider to be a “living will”. Under the Personal Directives Act, the term “Personal Care” includes health care, nutrition, hydration, shelter, residence, as well as admission to a continuing care facility, clothing, hygiene, safety, comfort, recreation, social activities and support services. We can advise you on the contents of a Personal Directive. We provide comprehensive advice and assistance in preparing a Personal Directive.
Nursing Homes
The Social Assistance Act exempts your assets when an accounting is made to calculate your ability to pay nursing care costs; income is the only consideration. It is very important that you make yourself aware of your options several years before any move to a nursing home or before you sell your home in anticipation of a move to a nursing home or an apartment. Speaking to a lawyer will ensure that you are aware of your options and the implications before making a significant life decision.
Powers of Attorney
A Power of Attorney is a document that appoints a trusted person to make some or all of the decisions that concern the management of our affairs. The power is enduring when the person appointed can act or continue to act after the person who gave the power has become mentally incapacitated. If you are incapacitated without having a Power of Attorney, someone (a family member, friend, advisor, etc.) will be required to make a guardianship application to be appointed by the Court to act on your behalf, which can be costly, stressful and time consuming during an already difficult time.
Privacy Protection
When an estate is formally administered at the Probate Court, the extent of the deceased persons assets become public knowledge. For some, this is an important consideration for their estate planning needs. Our experienced team can advise the best way to ensure your private matters remain private.
Tax
There are important tax considerations when writing a will as you do not want your children or other beneficiaries to bear heavy financial burdens. But with knowledge and careful planning the tax consequences upon a death can be lessened or mitigated. Our approach to estate planning is to ensure that we understand all of the variables that may affect your estate planning, including assets, liabilities, family structure, and family members not included in the estate. This thorough approach ensures that we have all of the information we need to appropriately advise you.
Trusts
Trusts provide a mechanism for clients to control what happens to their assets, before and after death. Trusts can serve a variety of purposes, from facilitating tax planning strategies to providing for the post-secondary education of children. In establishing a trust, two of the most important considerations are the location of the assets and the location of the trustee. It is important that an experienced lawyer review the trust indenture and ensure it complies with Nova Scotia law so that everything you want to happen with your assets, does happen, without unintended consequences.
Wills
A will sets out what happens to your assets upon death. It can also provide for the guardianship of any minor or dependent children. Anyone over the age of majority can benefit from having a will prepared. Not only is it a flexible way to provide evidence of your wishes but it can reduce the stress and uncertainty for family members and loved ones after you have passed.
Presentations We Offer
If you are looking for a speaker for a meeting or a special event please email us at marketing@boyneclarke.ca. Click here for a list of presentations we offer.
FAQ
Do I need a will?
Everyone over the age of majority could benefit from having a will.
How do I change my will?
In order to change a will a formal document called a codicil must be prepared which revokes certain sections of your old will and replaces them with your revised wishes. For more information with respect to your specific changes please contact us.
What is an estate?
An estate is all of the assets and liabilities/debts of a deceased person.
When I'm planning my estate, what documents do I need?
For a complete estate plan, we recommend you have a power of attorney, personal health care directive and will. Some situations may require more complex estate planning. For more information please contact us.