While planning for unexpected illness and death is not top of mind for many of us, the importance of estate planning can not be overstated. To provide protection both in your lifetime and on death, three estate planning documents are required: a Will, Enduring Power of Attorney and Personal Directive.
Still, estate planning can get complicated. The first step, then, is to educate yourself. (Reading this article is a great start!) This includes understanding each of the three estate planning documents and the legal terminology and considerations that go into each one. As a starting point, learn more about the basics of estate planning and the steps you need to take to start developing your own estate plan. When you’re ready, reach out to your ATB Wealth Advisor for additional resources. With an understanding of estate planning as a foundation, you will be better positioned to make educated decisions.
The next and most important step in estate planning is implementation. In other words, having estate planning documents in place. As with many things in the digital age, there are various do-it-yourself online tools available to assist with this.
However, for many reasons, such online tools may not be recommended. Rather in most situations, seeking legal advice and retaining a lawyer to prepare professionally drafted estate planning documents is advisable. Personal legal advice provides peace of mind that your estate plan will accurately reflect your wishes and your personal circumstances. Further, it ensures your estate plan is prepared with not only knowledge of the law but also with a practical understanding of how it may play out in the event of illness and death. This minimizes the cost of estate administration and the risk of litigation or conflict.
While not an exhaustive list, the following are some examples of situations and circumstances that require legal advice and a professionally drafted estate plan and would not be suitable for online planning tools:
- Complex family circumstances including but not limited to separation, divorce, second marriage, children with disabilities, estranged family members, family conflict or tension
- Minor or dependent beneficiaries
- Setting up testamentary trusts to protect beneficiaries for a wide range of reasons
- Assets in other jurisdictions or planning in multiple jurisdictions
- US or dual citizenship
- Executor, trustee, attorney and/or beneficiaries resident in other jurisdictions
- Ownership of a business including farming
- Specific wishes for beneficiaries, real estate, personal property etc.
Finally, once your estate plan is in place it is always a good idea to review it every few years, or sooner if your life circumstances change. This will provide a lifetime of protection for both you and your loved ones.
ATB Wealth® (a registered trade name) consists of a range of financial services provided by ATB Financial and certain of its subsidiaries. ATB Investment Management Inc., and ATB Securities Inc. are individually licensed users of ATB Wealth. ATB Securities Inc. is a member of the Canadian Investor Protection Fund and the Canadian Investment Regulatory Organization.
The information contained herein has been compiled or arrived at from sources believed to be reliable, but no representation or warranty, expressed or implied, is made as to their accuracy or completeness, and ATB Wealth (this includes all the above legal entities) does not accept any liability or responsibility whatsoever for any loss arising from any use of this document or its contents. This information is subject to change and ATB Wealth does not undertake to provide updated information should a change occur. This document may not be reproduced in whole or in part, or referred to in any manner whatsoever, nor may the information, opinions and conclusions contained in it be referred to without the prior consent of the appropriate legal entity using ATB Wealth. This document is being provided for information purposes only and is not intended to replace or serve as a substitute for professional advice, nor as an offer to sell or a solicitation of an offer to buy any investment. Professional legal and tax advice should always be obtained when dealing with legal and taxation issues as each individual’s situation is different.