Wills & Estates

Estate law concerns the sum of assets – such as cash, investment accounts, real property, and personal property – that an individual owns, and the distribution of those assets per their instructions on their death. An individual will generally indicate their wishes for property distribution through a Last Will and Testament (commonly referred to as just a “will”. A will can appoint another person – often a member of the deceased’s immediate family – as the “executor” of their estate, and the executor will be responsible for ensuring that the deceased’s wishes are carried out.

If an individual dies without a will, they are referred to as “intestate”. In these cases, the courts will appoint an executor, usually the deceased’s next of kin. The deceased’s estate will be divided among their surviving children, with a portion going to their surviving partner depending on the number of dependents who were also the children of the surviving partner.

In addition to drafting wills, estate law concerns other end-of-life arrangements such as a Power of Attorney, which is a document granting an individual the power to act for another when making financial and legal decisions. The Power of Attorney should be completed while the individual it affects is still of sound mind and body, but can be applied for on an individual’s behalf if they are still alive but no longer of sound mind. A Personal Directive is similar but governs arrangements for medical care and living arrangements. Someone else cannot apply for a personal directive for an individual.

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