If you are a couple you may only need to complete one form. Please only complete the sections that are applicable to you.
How were you introduced to our firm? *
—Please choose an option—Real Estate AgentWeb SearchOntario Condo Law BlogACMOCCIAn NguyenAndrea LuskChristopher J. JaglowitzGerald MillerJ. Robert GardinerMark ArnoldWarren RagoonananNot Applicable
Your full name *
Home address *
Your telephone number *
Secondary telephone number
Are you married?*
If yes, what is your spouse's name?*
Your e-mail *
Spouse's telephone number
Your date of birth*
Your place of birth
Your spouse's date of birth
Your spouse's place of birth
Your occupation (Please provide work address)*
Your spouse's occupation (Please provide work address)
Date of marriage
Place of marriage
Do you have a birth certificate?
Do you know where your marriage certificate is?
Have you entered into a marriage contract or domestic contract? (if yes then please provide a copy)
Your citizenship (if other, please specify)
Your Spouse's Citizenship (if other, please specify)
Do you and your spouse live in Canada for most of the year?
What is your residence for income tax purposes?
Who is your accountant?
Who is your insurance advisor?
Who is your investment advisor?
List your children of present marriage (if disabled, indicate nature of disability)
Were either you or your spouse previously married?
If Yes, give particulars
Do you have other dependants (e.g. parent, brother or sister)?
Are you a trustee or executor for someone else's estate?
Do you have assets in your name that are not your own? (If yes, give particulars)
Do you own a house?*
Particulars of your house
Do you have a mortgage on your home?*
What bank or financial institution has your mortgage?
Do you and your spouse live in this home?*
Do you know where the deed to your house is?
Do you own any other properties?*
Other real estate
Personal effects - ownership
Special collections, heirlooms, artwork, jewelry
Investments in stocks, bonds and mutual funds (not including RRSP's)
Interests in private Companies
Are you an officer or director of any of the above named companies? (If so, give details)
Shareholder's agreements or buy/sell agreements & terms
Small business/sole proprietorship
Pension plans - please list your Registered Retirement Plans
Name of insurance company
Life insurance - please list those insurance policies you have including group plans and credit cards or other associations plans (add a schedule if necessary)
Name of bank
Please fill out your safety deposit box information
Location of key
Other assets (specify) add schedule if necessary
Debts (including mortgages)
Please Note: Your estate trustee(s) (formerly known as your executor(s)) manage your estate after your death. They ensure that your wishes as set out in your will are followed. Spouses generally name each other as their estate trustee and then family members, friends or their accountants/lawyers as the alternative estate trustee(s).
Please also note: An estate trustee is a separate role from that of a Power of Attorney. A Power of Attorney only has authority to manage an individual’s property or health when the grantor is living. Many people assume that because they have granted someone a Power of Attorney, that person will have the authority to manage the estate. This is not the case. Please ask us about Powers of Attorney if you would like one drafted.
Do you want your spouse as your sole estate trustee if he/she survives you?*
If not, would you like someone to act as joint estate trustee with your spouse?*
If yes, who?
If you do not have a spouse, who would you like to appoint as your estate trustee?
Who would you like to appoint as alternate estate trustee, in the event the person(s) named above are unable or unwilling to act?
If there is more than one estate trustee, should all decisions be made by a majority or unanimous decision?*
Do you require any special provisions regarding any business you are involved in?*
Most spouses leave the majority of their estate to their surviving spouse. If you plan to leave less than 50% to your spouse, please advise us, as there may be adverse consequences. The Family Law Act gives your spouses certain rights which could affect your will.
Please Note: The Family Law Act provides that marriage is an emotional as well as financial partnership. As such, there is an assumption that all property owned by a couple is owned equally. If a spouse dies leaving less than ½ of his/her marriage property to their spouse, then he or she can decide to take his or her share under Family Law rules rather than what is provided in the will. If this is relevant, please call us for more information.
Family Law Act
Family Law Act
If your spouse elects under the FLA, do you want him/her removed as your executor? (please ask us for our recommendation if you are not sure)*
If your spouse survives you, do you want everything to go to him/her?*
Do you want: (If you wish to incorporate any of these provisions in your will you should discuss it with your lawyer at Gardiner Miller Arnold LLP)
your spouse to get your property immediatelyto establish a life interestto establish a trust with incomeencroachment on capital
If your spouse does not survive you, do you want your estate distributed to your children:*
Does this include illegitimate children?*
If one of your children dies before you, and that child has children, do you want your deceased child’s children to get their parent’s share?*
If your deceased child has no children, do you want this deceased child’s share to be divided up amongst your children who are alive?*
If you want to divide your estate unequally, please provide specific details here, or on an attached schedule
I confirm that in the event my children are under the age of majority, I would like my estate held in trust for them by my executors as provided below.*
The estate trustee(s) shall be entitled to use the income for the benefit of each beneficiary but the capital is to be distributed to children at all ages and in amounts as follows: (Please select one)*
100% at age 25 (or select alternative age)30% at age 21, 35% at age 25 and 35% at age 30 (or customize to suit your own requirements)Hold 100% of distribution until youngest child reaches specified age.
Trustee shall have the following authority:*
To pay income to children at discretion of trustee*
To accumulate income*
To encroach on capital*
If you have no spouse/children surviving you, then distribute as follows:*
If you want to make a specific gift (i.e. wedding ring to oldest daughter), please list here:*
If your family does not survive you, where would you like your personal effects to go?:*
Do you have a family business farm? (if yes, please tell your lawyer)
Do you wish to leave legacies? (friends, charities, etc.)
Gift over to
Do you want to create special trusts for (disabled persons, parents, charities)? If yes, please specify:
If your estate is managed by a trustee, which could occur if both you and your spouse die at the same time, then what kind of investment powers would you like your trustee to have to invest your estate? (choose one)Narrow (restrictive) powers (very conservative)Medium powers (trusting and confident)Wide investment powers (aggressive, risky)
Capital gains tax (select one)
to be paid by estateto be paid by beneficiary
If you have minor children, who would you like to care for them?
Do you have any disabled beneficiaries?
Do you want to donate to any charities?
Do you have any special instructions?
It has become more popular for individuals to attach a memorandum to their executors setting out how you would like a number of post death matters taken care of, i.e. a wake, funeral wishes, distribution of personal property amongst children, friends and relatives, etc.
Do you anticipate preparing a will memorandum?
Method: (i.e. burial and where/ or cremation)
Do you want to donate organs?
Special organs only?
Organs to medical research?
Power of Attorney
Power of Attorney
We recommend you authorize us to prepare a power of attorney for both property and personal care. I would like Gardiner Miller Arnold LLP to prepare powers of attorneys for me to review
If you have appointed more than one power of attorney, would you like those individuals to act jointly in decision making or do you permit them to make separate decisions?
joint decisionsseperate decisions
Would you like your power of attorney to receive compensation from you?
If yes, would you like the statutory rate of compensation to apply or would you like to prescribe a rate?
statutory rateprescribed rate
Please appoint a substitute power of attorney in the event that one or all of the power of attorney(s) you have appointed above is unwilling or unable to act.
Are there any special terms you wish to include (or discuss) in your power of attorney?
Would you like us to include “living will” language in your power of attorney for care? (i.e., no heroic measures to be used to prolong life when there is no reasonable prospect of recovery from physical or mental disability)
Is there a possibility your spouse will elect against interest you are giving him/her under the will?
Is a domestic contract anticipated?
Safekeeping of Will
Safekeeping of Will
We recommend that you deposit your will with Gardiner Miller Arnold LLP in our fire proof will’s vault located in our office for safekeeping and keep a true copy in your safety deposit box or other safe location. You should also advise your executors where the original will is located.
We instruct you to place our will in Gardiner Miller Arnold LLP’s will’s vault:
We would prefer to keep the original will in our safety deposit
We hereby retain Gardiner Miller Arnold LLP (“GMA”), confirm that we have reviewed GMA’s standard retainer posted on GMA’s website and agree to be bound by said retainer.
Law Society Verification Requirements
Law Society Verification Requirements
I am an individual.(see details)
I am an organization such as a corporation or society that is created or registered pursuant to legislative authority.(see details)
I am an organization other than a corporation or society (e.g. a trust or partnership which is not registered in any government registry).(see details)
If I am submitting this form to GMA electronically I promise to provide GMA with a copy of an original government issued identification that is valid and has not expired, including a driver’s licence, birth certificate, provincial or territorial health card (if such use of the card is not prohibited by the applicable provincial or territorial law), passport or similar record within 14 days of electronic submission of this form. This may be done by sending a copy of the above described identification by fax, email or regular lettermail to GMA and I acknowledge that GMA has the right to examine the original of the submitted identification.
If I am submitting this form to GMA electronically I promise to provide GMA with a copy of a written confirmation from a government registry as to the existence, name and address of the organization, which includes the names of the organization’s directors, if applicable, such as,
a certificate of corporate status issued by a public body,
a copy obtained from a public body of a record that the organization is required to file annually under applicable legislation, or
a copy of a similar record obtained from a public body that confirms the organization’s existence,
within 60 days of electronic submission of this form. This may be done by sending a copy of the above described identification by fax, email or regular lettermail to GMA and I acknowledge that GMA has the right to examine the original of the submitted identification.
If I am submitting this form to GMA electronically, I promise to provide GMA with a copy of the organization’s constating documents, such as a trust or partnership agreement, articles of association or any other similar record that confirms its existence as an organization within 14 days of electronic submission of this form. This may be done by sending a copy of the above described identification by fax, email or regular lettermail to GMA and I acknowledge that GMA has the right to examine the original of the submitted identification.
A note on collection of personal information: GMA uses and discloses your personal information only for the purposes it was collected. GMA does not sell or rent personal information to any organization or person for any reason. GMA acknowledges that any information collected in this form is governed by applicable privacy legislation
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390 Bay St, Suite 1400
Toronto, Ontario, Canada