Frequently Asked Questions

What is the process for preparing a Will?

Talking about death is uncomfortable for most people.  Wrapping our minds around what happens to our loved ones in our absence can be unsettling.  Nadia therefore aims to not only give you peace of mind by getting the job done and checked off your to-do list, but also to put your mind at ease throughout as she considers the legal and tax-related details necessary to prepare a comprehensive plan for you. 

You can expect the following process to prepare an estate plan:

1. Complimentary phone consultation with Nadia.  This gives you a chance to get to know Nadia and see what it would be like to work with her.  It also allows Nadia to get a sense of the legal issues to be addressed.  An estimate as to fees can be provided.
   
   
2. Complete a Questionnaire. By sharing information about your family, your assets and liabilities, Nadia can start to develop practical probate tax related plans for your consideration.  Doing this ahead of the meeting allows for an efficient use of everyone's time.
   
   
3. Meeting.  You and Nadia will talk about the people in your life, who could act in key roles on your death and/or incapacity, and how you wish to distribute your estate on death. Nadia will advise you on the law and give you options to consider.
   
   
4. Call to review drafts. Once your documents are prepared, Nadia will review them with you over the phone or via Zoom to ensure that you understand everything they say.  Any requested changes will be accommodated prior to signing.
   
   
5. Signing of documents.

Is the Questionnaire really necessary?

Completing the Questionnaire ahead of the first meeting offers the following benefits:

1. Preparation of a complete & comprehensive Will. Completing the Questionnaire is a crucial step in developing a proper estate plan.  It is not possible to prepare an accurate Will if your lawyer doesn't know what you own, how you own it (alone or with someone else), and whether anyone has rights to it. 
   
   
2. Efficient use of everyone’s time.  There is no sense in spending time together to collect information about your finances - it will unnecessarily increase legal fees.  Rather, time together should be used to explain the law, advise you on available options, and to help you devise a plan that feels right to you.
   
   
3. Helps you recall what you own. It's easy to forget about the old baseball card collection that is stored away in the basement, or the life insurance plan that's included in your employment compensation package.  The Questionnaire helps jog your memory so that no item is missed and everything is addressed in your estate plan.

Do I need to know who I want to name as Executor, Guardian, Power of Attorney etc. before we meet?

No, these decisions do not need to be made ahead of our first meeting.  Having an idea of who may be a good fit for these roles is helpful, but Nadia will explain the corresponding responsibilities of these roles when you meet.  In selecting the right person, multiple factors will be considered such as: the person's ability to carry out the obligations of the role, their place of residence, and whether any conflicts of interest exist.

Can we meet virtually?

Meetings can be conducted virtually but the decision is made on a case by case basis, depending on the nature of the file and the needs of the parties.  Please contact Nadia if you have certain accessibility issues to be accommodated.

Where do my documents get stored?

All original signed Wills and Powers of Attorney will be returned to you for your safekeeping.  Instructions will be provided to you on how best to store your documents.

What can I expect in terms of fees?

The cost of preparing an estate plan depends on the scope of work involved.  Each document is prepared to reflect your individual wishes and intentions while being mindful of the applicable laws and tax-related concerns.  As more and more legal challenges are being brought against the validity of a Will following death, it is increasingly important that your estate plan is drafted with care. 

During the initial phone consultation you will be given an estimate of fees for your matter.  Rates are always fair and reasonable for the work involved. 

I’ve been named Executor under a Will.  Do I need a lawyer?

There is no requirement to hire a lawyer to assist you through the administration of an estate.  However, at law Executors are held to a high standard of care and certain legal duties and responsibilities are imposed upon them.  Therefore, a lawyer can help you not only understand the scope of your duties and responsibilities, but  also guide you through the process and be as involved as you wish. 

Nadia can assist you by explaining your responsibilities as Executor, help you understand the Will, complete the court forms for probate, and generally navigate certain institutions that may be involved in the distribution of the deceased’s assets. 

Someone has died without a Will.  What do I do?

Before attempting to navigate this situation, it is strongly recommended that you seek legal advice.  Most likely, you will require a Certificate of Appointment of Estate Trustee Without A Will in order to administer the estate.  Nadia can assist you with preparing the application and navigating the court process, as well as advise you on the necessary tax filing deadlines, who is entitled to inherit from the estate, and who may have claims against the estate. 

Do you provide free consultations?

Complimentary initial consultations are offered to all prospective clients.  It’s a great way for you to get a sense of what it’s like to work with Nadia and to ask her any preliminary questions that you may have.