7 Legal Documents to Include in Your Estate Plan

what to include in estate plan

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Please use this checklist as a reference only. An experienced estate planning lawyer should always be consulted. We have a sharp team of professionals on board, so don’t be shy to ask us for further assistance!

1. Will

Your last Will and Testament ensures your assets are distributed according to your wishes. Without one, your estate gets settled according to the laws of your province.

2. Health Care Directive

Appoint someone you trust to become a substitute decision-maker about your health and personal care in the event of incapacity.

3. Power of Attorney

Designate an authorized representative to act on your behalf. This document can address property and/or financial affairs.

4. Marriage Contract/Cohabitation Agreement

Marriage contracts can set the rights and obligations of each spouse with respect to the division of assets upon death. Common-law partners, that have little protection from matrimonial laws, can opt for a cohabitation agreement.

5. Acknowledgement of Debt or Promissory Note

This document ensures loans are not overlooked in the case of death. If signed by the borrower and notarized, the agreement can serve as proof for the executor.

6. Inventory of Assets

With the help of your financial advisor, be sure to compile a complete lists of all your worldly possessions.

7. List of Important Documents

List of all your important documents and where they are stored. This list should include documents like your insurance policies, annuities, pensions, investments and retirement accounts, and real estate deeds. It should also include the contact information of your lawyer, accountant, financial advisor and other people who can assist the executor in settling your estate.

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