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.
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.
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.
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.
