Estate planning is often seen as a one-size-fits-all-process, but to truly protect your legacy and loved ones, personalization is key. Generic templates might cover the basics, but they rarely address the unique nuances of your life, family dynamics, and financial situation.

While the documents that form an estate plan vary between provinces and countries, there are three situations an estate plan aims to deal with:

1. When you die, in which case your will comes into effect.
   
   
2. You lack capacity to make legal, financial, and tax-related decisions for yourself while you are alive. The document to protect you in this situation is often called an enduring power of attorney.
   
   
3. You lack capacity to make personal, medical, health care decisions for yourself while you are alive. This document can be referred to by many names but a few include personal directive, representation agreement, advanced care plan, health care directive and living will.

Regardless of the document name and formality requirements, each of these scenarios requires careful thought as to your situation and what is right for you.

From the will perspective, your wishes and beneficiaries are unique to you. You might have a blended family, minor children, adult children with varying financial needs, disabled beneficiaries, a farm or business you plan to transition to the next generation or even complex relationships that require advice and careful planning. 

The first question when preparing your will to consider is who are your beneficiaries? What family members and loved ones are you wanting to leave your estate to? Are there charities you wish to support or have you set up a donor-advised fund? Once you have decided who will benefit from your estate, the next question is how you want to give to your beneficiaries. Do you want your beneficiaries to receive their gift all at one time or will you be setting up a testamentary trust for any beneficiaries? If you are setting up a testamentary trust for a beneficiary, what that will look like depends on the beneficiary, their circumstances and your concerns and objectives in giving to them. This requires legal advice tailored to your situation. Finally, who is the right person to administer your estate (often called your personal representative or executor) and be the trustee of any testamentary trusts? 

Other personal considerations for your will that are often overlooked include:

• What do you want to do with your personal belongings?  
  
  
• Are there sentimental items or collectibles you would like to pass on to certain individuals or charities?  
  
  
• Who will care for your pets?
  
  
• Is there a vacation property or farm land you would like to keep in the family?
  
  
• What types of digital assets do you have and what provisions are required to deal with them?
  
  
• Are there considerations relating to genetic or biological materials (eg. embryos, stem cells etc.)?
  
  
• If you have minor children, do you want to include a gift to the guardians you choose or do you have specific wishes relating to your children's care and upbringing?
  
  
• What are your wishes regarding your funeral and burial?  
  
  
• Are there cultural or religious practices that you want honoured?

In a situation where you cannot make legal, financial, tax-related decisions for yourself, a lot of the necessary powers and provisions will be determined by your estate planning lawyer based on your situation and estate—but there are still opportunities to personalize your enduring power of attorney. For example:

• If you have a business, is there any guidance you want to provide or anyone you want consulted or involved in business decisions? 
  
  
• Do you want your attorney to have the discretion  to give to family members on special occasions and or donate to charities as you do?
  
  
• Are there religious giving practices your attorney should be aware of?
  
  
• In terms of investments, what are your preferences relating to investment risk and diversification?
  
  
• Do you have a trusted financial advisor that you would like your attorney to continue to work with?
  
  
• Are there any items that you do not want sold that have been gifted in your will that your attorney should be aware of?

Last by not least is your care directive. Of the three estate planning documents, this is probably the most personal document. This is your voice regarding your personal care, health care and medical wishes when you are no longer able to make those decisions. In other words:

• What are your thoughts on organ and tissue donation? 
  
  
• Would you want to continue to live in your home with hired caregivers or do you have any preference of a care facility?
   
• In terms of your medical care, are there cultural or religious beliefs that may impact your wishes with respect to blood transfusions, life sustainment, pain management and palliative care?

Ultimately, your estate plan is a powerful tool to secure your legacy and provide peace of mind for your loved ones. Taking the time to personalize it ensures that your unique story, values, and intentions are fully expressed and protected. To achieve this, it is always recommended you work with an experienced estate planning lawyer who is able to guide and advise you on how to best achieve your estate planning goals and wishes.