LSLAP Training Wills and Estates

Wills and ESTATES: The interview Use the Wills Questionnaire and the Wills Interview Guide from the LSLAP website Essential information to obtain: Client’s full legal name and address Who do they want as an executor(rix) – full legal name, address and relationship Who do they want as an alternative executive What do they want done with their assets Do they have a spouse or children and are they being provided for

Advanced Planning options Wills Power of Attorney – financial and legal affairs Enduring Springing Representation Agreements – health care and possibly financial/legal s.7 or s.9 Advanced Directives – specific health care directions

Wills and Estates: Things to look out for Capacity – if any doubt, speak to supervising lawyer Need to adequately provide for spouse and children S.60 of WESA Undue influence – handout on what to look for Competancy – must be able to understand what a Will is/does and what their assets are Complicated instructions – such as: Lots of specific items for specific people (percentage distribution better) Custody/guardianship terms in contest family matters Distributing complex assets (such as shares in corporation or a family trust)

WILLS AND ESTATES: other Advanced planning options Powers of Attorney Provides another individual with the power over legal and financial affairs Enduring, springing, and limited powers Representation Agreements Provides another individual with the power over health and personal care decisions s.7 or s.9 Refer to Nidus Advanced Directives Specific wishes about medical care

Wills and estates: LSLAP template Review templates from website