Your Will: A Final Gift to Your Family

Robert Hiseler, LL.B.

I spend a good portion of my time helping people with wills and estates. Which leads me to the Peterborough Regional Health Centre (PRHC) more often than you would think.   I did not anticipate visiting so many people’s bed sides in their final moments of life when I started in this work.

Your last days are a private and solemn time. Most people focus on spending time with loved ones.   I don’t think you want to spend an hour on your final days giving your lawyer an accounting of all your assets, or discussing the finer points of the law of inheritance. Many people do not realize that by law the conversation between the lawyer and the person making the will has to be private. Without that privacy and confidentiality, a will may not stand up to a legal challenge. Feelings can get hurt when the family is asked to leave the room when time appears to be painfully short.

Please do not think I am dissuading you from making a will at the last minute; it is important to have one. Your will represents your wishes and desires for your legacy. In the eyes of the law, these are your last words. It’s important to be heard loud and clear. While the law sets out a generic plan for distributing your assets if you die without a will, it’s a one-size-fits-all plan. The law is old fashioned, and hasn’t kept up with the needs of modern families. For example, step-children and step-grandchildren can get left out if you don’t have a will that’s drafted to look out for them.

Death is a difficult and emotional topic, but it is something we will all inevitably face. However, only about a third of people in Canada actually have a will drafted. I understand it seems like a “tomorrow” problem, but life can move awfully fast. Life can also throw us some surprises. There’s a great sign up in in Sylvia’s Diner that reminds us that today is the tomorrow we were ignoring yesterday.

Making a will is something simple that you can do to tie up loose ends. Some can find it uncomfortable to turn their mind to this grim topic, but it beats the alternative. Some families leave it too late, and by the time your lawyer gets to the hospital, there’s nothing more to be done.

You have done a lot to look after your loved ones; this is something you can do so they are protected when you are gone. Know that a will can help reduce the taxes your estate will pay. I would wager most of us want our loved ones to benefit from our life’s work.

So please, talk to a lawyer about making a will. I am sure you and your family will be happy you are meeting someone at a desk and not beside a hospital bed.

“ The foregoing is provided for general informational purposes only and is not intended to be taken as legal advice pertaining to a specific situation.”

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