Estate Planning for Parents: The
Importance of Having a Will
None of us intend to die prematurely,
especially when we have young children. Unfortunately, few of us draft
one of life's most important documents: a valid Will. A Will is a
person's final opportunity to provide their survivors and heirs with
written direction of how they wish to distribute their assets and
extinguish their debts. If you do not have a Will in place at the time
of your death, your estate will be distributed according to intestacy
law in Ontario. Should you die intestate, your estate will be divided
among your closest living relatives (more on this issue in Part II). As
a result, the surviving spouse may find themselves joint owners on
assets with their children.
One of the more difficult aspects of parenting is contemplating the
possibility that both parents will die simultaneously. To address this
possibility, parents should appoint a guardian(s) for their minor
children. Although the Courts must ultimately approve this appointment
after a 90-day period, the parents' written wishes are rarely
overturned. This is often the most difficult decision parents make with
respect to their Wills, occasionally a point of contention between
parents and too often the stumbling block to drafting Wills. Making a
list of suitable "candidates" and their "qualities and qualifications"
sometimes facilitates the process. The potential guardian should be
someone who shares your moral values and child rearing beliefs.
Under current Ontario legislation, unless you stipulate otherwise in
your Will, your estate would be shared among your children as they each
reach the legal age of 18. For many parents with children under the age
of 18, this can be a terrifying proposition; particularly since life
insurance often creates substantial estates. A Will allows you the
opportunity to create testamentary trusts to hold and invest each
child's share of your estate until some predetermined age. Often parents
will distribute income from the trust beginning at age 18 and will
stipulate lump sum distributions of the trust's capital at age 21, 25
and/or 30. Your Will should also stipulate that the trustee(s) be able
to make capital withdrawals for specific or broad needs, such as
education, housing and extracurricular activities.
Estate Planning
The personal financial planning process is a comprehensive review of
every financial aspect of your life. Defining your personal goals and
objectives is an essential part of that process. We provide a thorough
overview of your current financial situation and help you identify the
best means of achieving your short and long-term goals such as planning
for retirement, buying or upgrading a home and educating your children.
Estate planning may help minimize the tax liability of your estate and
ensure assets are distributed according to your final wishes. Planning
for the organized transfer of intergenerational wealth is essential to
ensure the protection of your assets and those of generations to come.
Where applicable, the comprehensive review includes the following areas:
● Retirement planning
● Review of investments
● Cash flow and debt management
● Review of pension plan benefits
● Insurance review (life and disability)
● Estate analysis and review of estate planning documents: Wills and
Powers of Attorney
● Education savings
As with all employees at OTG Financial, our
financial planners are salaried, not commissioned and their objectives
are solely based on your personal goals and needs. If you are planning
on retiring in the next few years or wish to have an objective review of
your investment portfolio, please contact us for
a one-on-one financial planning
appointment.

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