Will Construction Form

If you would like to have a Will prepared, you may come in and we will assist you with the entire instructions or you may provide us with preliminary information by completing this form before you make an appointment.

Fields marked with  orange  are required.

Current Date: Year(YYYY)

Preferred method of communication:

Personal Information

Your e-mail address:
Your full name:
Other name(s) you are or have been known by:
Address:
Occupation:
Phone #'s: (H) (W) (C)
Date of Birth: Year(YYYY)
Place of Birth:
Marital Status:
Date of Marriage: (if applicable) Year(YYYY)
If common-law, how many years?:
Date of Divorce: (if applicable) Year(YYYY)
Do you have a Pre-nuptial Contract?:
Do you have a Separation Agreement?:
Spouse full name: (if applicable)
Other name(s) your Spouse is or has been known by:
Address: (if different from your own)
Occupation:
Phone #'s:(if different from your own) (H) (W) (C)
Date of Birth: Year(YYYY)
place of birth:
Have either you or your Spouse been previously married?
Children

Full Name

Yours/Spouse’s/Both

Age

.

Executor(s)

An Executor is the person(s) who must make sure that the deceased’s wishes are carried out exactly as stated in the Will. The Executor is also responsible for meeting all the legal and financial requirements of settling an estate and managing the assets until they are distributed. It is usually considered an honour when asked to be an Executor for a friend or relative. However, the task may be more difficult than first realized. Consider the following questions when choosing an Executor:

  • Are you confident that the person you are considering can be available during the time needed and able to commit that time and energy until the estate is completely settled?
  • Is the person you are considering comfortable in dealing with legal, tax, investment, real estate and business aspects of estate settlement?
  • Can the person you are considering remain impartial?
  • Are you aware that the person you are considering can be personally liable if their action or judgment is challenged?
  • Is the person you are considering able to work well with the beneficiaries?
  • Is the person you are considering free of any conflicts of interest?
  • Have you asked, and has the person agreed to take on the responsibility?

You may wish to appoint an impartial independent Executor. (Tiah Workman does accept Executor appointments in her personal capacity)

Full name of person you wish to be Executor:
Name:
Address:
Relationship to you:

Person(s) you wish to be alternate Executor:

Name:
Address:
Relationship to you:
If you wish to have co-Executors acting, please provide details:


Assets
Do you own your own home? With your Spouse?
As “Joint Tenants” or “Tenants in Common?
Do you have a mortgage on your property?
Is the mortgage life insured:
Do you own property besides your personal residence?
(if so, details please)
Do you own or have an interest in a business?
(if so, details please)
Do you have any assets outside Canada?
(if so, details please)
What bank do you deal with?
Do you have Joint Account(s)?
If no, name of beneficiary:
Name of Life Insurance Company:
Name of beneficiary(ies) of life insurance:
Do you have RRSPs?
Name of beneficiary(ies) of RRSP’s:

Do you have any specific assets you wish to leave to a named individual rather than have included as part of the residue of your Estate?

Full Name

Relationship to you

Asset

Are there any cash gift or charitable donation you wish to leave?

Full Name/Name of Charity

Relationship to you

(if applicable)

Amount

 
Division of Estate
If you die, how is your estate to be divided? All to Spouse, or
Division of Estate If No Spouse
If you and your Spouse die, how is your estate to be divided? Equally among children, or
If you have children and one of them dies before you, who does their
share go to?
To your deceased child’s children equally, or
To your remaining children equally, or
If you, your Spouse and your children die without your children leaving
any children of their own, how is your estate to be distributed?
   
Guardians
If you and your Spouse die, who do you want to be Guardian(s) of any
children under 19? (if applicable):
Full name of person(s) you wish to be Guardian(s)
Address:
Relationship to you:
and (if applicable)
Name:
Address:
Relationship to you:
   
Full Name of Person(s) you wish to be alternate Guardian(s):
Full name of person(s) you wish to be alternate Guardian(s)
Address:
Relationship to you:
and (if applicable)
Name:
Address:
Relationship to you:
Power of Attorney/ Representation Agreement
Have you given Power of Attorney or a Representation Agreement
to anyone to conduct your affairs in the event of incapacity while you are
alive?
Power of Attorney
Representation Agreement
If not, do you wish to do a Power of attorney or Representation Agreement
now?
Power of Attorney
Representation Agreement
Full name of person(s) you wish to appoint:
Name:
Address:
Relationship to you:
Person(s) you wish to be alternate:
Name:
Address:
Relationship to you:
Are they to act together or may they act separately?
Additional Information

Where will you keep the original Will after signing? (we recommend a safety deposit box)

or
Do you wish to be cremated or buried?
What do you want to have done with your ashes if you have chosen to be
cremated:
Have you made any pre-paid arrangements for your funeral? and if so, with whom?
Do you want a Will's Notice filed with the Division of Vital Statistics?
Are you familiar with the Wills Variation Act?
Section 2 of the Wills Variation Act states that “despite any law or statute to the contrary, if a testator dies leaving a Will that does not, in the court’s opinion, make adequate provision for the proper maintenance and support of the testator’s Spouse or children, the court may in its discretion, in an action by or on behalf of the Spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the testator’s estate for the Spouse or children”. In this statute, “Spouse” also means common-law Spouse where the parties have co-habitated for at least two years. If you are choosing to leave an unequal distribution or to leave a Spouse or child out of your Will altogether, we will ask you to provide a memorandum setting out in as much detail as possible the reason.
Is this for a Will for each Spouse where the Wills are identical?
   
Please Note

Completing this form does not make a Will. You must have the proper document prepared by our office and signed in our office. After you have completed the form, it can be sent to our office electronically by clicking the Submit button at the end of the form. Upon receipt of the completed form we will contact you to make arrangements for the preparation and signing of your Will.

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