Each day, we notice simple, inexpensive “Will Kits” advertised.  Fewer than half of all Canadians, however, have prepared a will of any sort. 

The case of Terri Schiavo, riveting at the time, has now faded.  Terri’s misfortunes led many to consider “living wills”.  That resolve may also have faded, with no action taken.  Terri and her divided family may have benefited from a “living will”.  So might you.  Likely, you haven’t made one.  Probably, you should.

Your deeply-felt wishes can often be carried out, even if not by you directly.  In Ontario, this is done through three different legal forms. 

This article will discuss them, but begins with its most important advice.

“Consult a lawyer.”

Anyone can complete a prepared kit.  A Will, written by the person leaving it (a holograph will) may be totally valid and acceptable.  Equally, anyone can regret, or have survivors regret, this money-saving do-it-yourself approach. 

Consult a lawyer.

Two major barriers to a satisfactory self-written will, or a “living will”, lie in wait.  One is “unclear instructions”.  The second is “very clear instructions which are contrary to what the law permits”.

Lawyers may stumble at these barriers, too, but the likelihood is much less.

The three types of forms are the Last Will and Testimony, a Continuing Power of Attorney for Property and a Power of Attorney for Health Care. 

The Will, a concept that has existed since 2050 B.C., only applies when you are dead.  The two Powers of Attorney apply only when you are alive, and not always then.

A simple explanation of these forms occupies ten pages.  The Cardinal has only eight.  Go elsewhere for further detail.  You can sit right where you are, though, and think about how to approach them, with your lawyer, more effectively.

Discuss your affairs and feelings with your spouse.  If they are complicated, sort them out.  Then make a will.  Making decisions is a valid personal and joint enterprise, as long as a lawyer has the opportunity to check them out.  Making them, while (s)he watches costs a lot. 

Decide who is to be the Executor of your will  (Who will carry it out?).  Few of you will have to decide on a Guardian for your children, but some may be dependant.  

Who gets what, and when, after you die?  You can give hints about your funeral or the handling of your affairs if you are incapacitated. 

Watch for changes in legislation.  That, for Powers of Attorney especially, changed in living memory.  Weddings, divorces, births, deaths – even a change of address, may have consequences.  Learn how to revoke a will, and keep it up to date.    

First know what you want.  Then preserve your decisions properly   This may be your last, best gift to those you love.