Why Do I Need a Will?

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It is important to explain the general purpose of Wills before outlining the reasons why you should consider getting one. A Will is your opportunity to decide what you would like to happen with your assets at your death. Generally, your Will can provide for an immediate distribution of your assets to your chosen beneficiaries (friends, family, and charities) or the distribution can be delayed using “Trusts” (a topic for another day).

There are four primary reasons why you should have a Will:

  1. You can decide who will administer your estate. Otherwise someone must apply and be appointed by the court.

  2. You can select who will benefit from your estate. Otherwise your beneficiaries are selected pursuant to a Nova Scotia law called the Intestate Successions Act. This can be particularly problematic for Common Law spouses who are not considered “spouses” under the Act.

  3. You can provide for the management of assets for beneficiaries who are under the age of majority and appoint your preferred guardian for them.

  4. Tax planning. A proper estate plan can ensure that your estate does not pay excess income and probate taxes thereby placing more in the hands of your beneficiaries.

  5. Probate avoidance: Proper estate planning provides the option to arrange your estate in such a way that Probate will be unnecessary. Many people wish to do this because a the entirely of the Probated estate is subject to Probate Tax (a tax that is completely avoided if the estate is not Probated), records of the contents of the estate become public, there is often a substantial delay (often 6 months or more) in distributing the assets of the estate and legal fees are often incurred to help steer the estate through the Probate process.

And of course, there is piece of mind for the loved ones you leave behind. They can be confident that they are carrying out your wishes with respect to how you wanted your estate to be managed.

If you have any questions about needing a Will you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $100+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers