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Estate Planning Series: Part 1 – Your Foundational Documents

Estate Planning Isn’t About Dying—It’s About Deciding

Estate planning is often treated as something to deal with later—but in reality, it’s a series of decisions you make while you’re well, so that nobody has to guess on your behalf later.

This five-part series breaks it into manageable pieces, with one article each month: the documents that form your foundation, the assets your will doesn’t control, the tax bill your estate will face, the person(s) who carries it all out, and the conversation that ties everything together. One note throughout—estate law is provincial, so terminology and costs vary depending on where you live, for that reason we have kept this general.

Part 1: Your Foundational Documents

Most people have some of this paperwork somewhere. Most haven’t read it in years. This is where the series starts, because everything else builds on it.

What you need in place:

  • Your Will: Names the person(s) who will administer your estate (your executor/executrix), directs your assets, and appoints guardians for minor children. Worth revisiting at events such as: marriage, divorce, business sale, or new (grand)child and at regular intervals
  • An enduring power of attorney: Lets someone manage your finances and property if you lose capacity. The word enduring matters—an ordinary power of attorney ends the moment capacity does, which is precisely when you need it. You may need both.
  • A directive for health and personal decisions: This one goes by a different name in nearly every province—personal directive, health care directive, representation agreement, power of attorney for personal care. What matters more than the name is the scope: in some provinces a single document covers both personal and medical decisions, while in others they are separate and a financial power of attorney does not extend to medical care at all. Worth confirming which applies where you live. Sometimes hospitals make you complete a health directive that is only applicable at that hospital.
  • The names, not just the documents: The person you appointed fifteen years ago may no longer be the right choice—or may no longer be with us.

Takeaway: Your Will decides what happens after you’re gone. The other documents decide what happens while you’re still here. You need both.

We’re here to guide you—through the decisions that protect what you’ve built.

Whether your documents are twenty years old or you’ve never drafted them at all, our team is ready to help you plan with clarity and confidence. Feel free to reach out anytime to discuss your estate plan in more detail—we’re always just a call away.

Sincerely,

Harvey Morrison Private Wealth

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