An estate plan defines how your assets will be distributed should you become disabled or pass away. Without a Will and a Power of Attorney, the court could take control of your assets and distribute your assets as it sees fit.
What should you do?
1. Provide specific instructions
Clearly state in your Will and Power of Attorney how you want your assets distributed both in case you become disabled and when you die.
Planning in advance will enable you to ensure that the appropriate people step in to handle your financial and health-care decisions upon your incapacity and death without court intervention.
Take the time to ensure guardianships and probate proceedings are minimized and that unnecessary administrative burdens and costs are avoided after your death and the death of your spouse.
2. Assign individual roles
Executors and Power of Attorney: Appoint not only the people you trust but also the people who have the best capacity to ensure that your estate is properly administered.
Protect your Heirs: seek the advice of a lawyer in preparing any legal documentation.
3. Ensure your spouse will be looked after when you are no longer there:
Ensure that your spouse will at all times have access to a ready supply of cash.
In some instances, banks are legally bound to freeze deceased client’s accounts pending the granting of Probate.
Plan your retirement income and investments to safeguard your spouse.
Losing a partner is tragedy enough. Unintentionally making things financially difficult as well will hurt them even more.
How can we help?
We have a fiduciary duty to act only in our client's interests.
This includes supporting our clients with their legal requirements.
Where possible (and with your invitation) we will work closely with your lawyers, accountants and family members to ensure that your financial integrity is maintained.