People have different estate planning priorities and needs during the course of their life. Estate planning isn’t just planning for death; it’s also about planning for life.
Young adults, especially those in their 20’s and 30’s often feel they don’t need a Will because “I don’t have anything”. Here’s the challenge: if you have a bank account, a credit card, a car … you do have an estate and need a Will with an appropriate executor named to deal with these assets in the event of your death. And since you’re at it, you may as well execute a power of attorney and advance health directive.
As adults become more secure financially they start purchasing. It could be a condo, a house or a cottage at the lake. The questions become slightly different. Is the mortgage life insured? What are your insurance needs for life, disability, property, etc. Is there adequate coverage?
These questions become even more pressing when entering a relationship, whether common-law or marriage. If the house was solely owned before the relationship, will it be re-registered joint with right of survivorship? Is there a marriage or cohabitation agreement in place? Does the Will, power of attorney and advance health directive need to be updated to reflect these changes? In all provinces except Alberta and British Columbia marriage revokes a Will. In Saskatchewan, cohabitation can revoke a Will. If there is no Will, some provinces don’t recognize a common-law partner as having rights under the laws of intestacy. Are appropriate beneficiary designations in place on insurance policies, pensions and RRSPs? Has a financial planner been engaged to help achieve personal financial goals?
Children? A new set of questions. Does the Will include a guardian appointment for the children? Are testamentary trusts established in case both parents die in a common accident? Has an RESP been set up to take advantage of available grants?
Has organ donation been discussed yet? It’s never too soon to discuss this very important topic and understand the other person’s wishes.
Relationship breakdown. Unfortunately, it happens. This should again spur a review of your estate plan. Many of the same questions that need to be answered when entering a relationship have to be answered when exiting one. Is there a property settlement? This may be an important factor in being able to update your Will.
You own your own business. Do you have plans in place in the event you are incapacitated or die? Who would run the company? Does the attorney named in your power of attorney or the executor named in your Will have the ability to continue the business? Is key man insurance in place? Who has signing authority on the accounts? Consider the impact on employees should these questions not be answered before illness or a tragedy strikes.
As we age, so do our parents. Do you know your parents’ end-of-life wishes? Do your parents have a Will with an appropriate executor? If they’ve pre-planned or pre-paid their funeral, do you have the details? Is it time to think about pre-planning or pre-paying your own funeral, or at least discussing it with your own family?
The children leave home (hopefully) and start their own lives. Retirement is approaching. What is the most appropriate way to distribute your estate? Will it be shared amongst your children, grandchildren or a favourite charity? If you have a child with disabilities, is an absolute discretion trust appropriate? If leaving money to charity, what is the most tax-effective way to do so? Does it make sense to open an RESP for the grandchildren? If a child predeceases you, will their children benefit? Has money been lent to a beneficiary? If so, will that money form part of the estate or will the loan be forgiven?
Life has a cycle and evolves. So too does estate planning. It’s always a good time to establish your priorities, look at your current and future needs, and evaluate your estate plan.
Joan McAulay, Senior Personal Trust Specialist, Trust Relationship Management & Sales
Concentra Trust, A wholly-owned subsidiary of Concentra Bank