Wills & Estate Planning
MacIsaac & Company advises on and assists with:
- Preparation of Wills
- Power of Attorney
- Representation Agreements
- Committeeship Applications
- Estate Administration
- Estate Disputes and Litigation.
Preparation of Wills
A will ensures your assets are preserved and distributed according to your wishes and that loved ones are provided for. Without a will, your estate will be distributed according to provincial laws which may create unnecessary costs, delays and even litigation.
Power of Attorney, Representation Agreement and Committeeship
When you are not mentally or physically able to take care of your property or to make decisions regarding your health and personal care, a power of attorney and representation agreement will authorize other people to make decisions for you in these circumstances.
A power of attorney authorizes individual(s) to make decisions regarding legal, property and financial affairs in the event you are unable to make the decisions yourself. These may include filing taxes, paying bills, doing banking, and selling real estate.
A representation agreement covers health and personal care decisions. Health care decisions may include consenting or refusing medical treatment, admission to a care facility and end of life treatment. Personal care decisions may include living arrangements, work arrangements, participation in activities and contact with others.
If an individual is no longer mentally competent and did not have a power of attorney in place, an order of committeeship will have to be obtained from the Court. This order will provide the necessary authority for someone to manage the affairs of the incompetent individual. MacIsaac & Company represents individuals on contested or uncontested adult guardianship appointments.
Estate Administration is the process of identifying assets and liabilities, gathering and distributing the estate to the beneficiaries when an individual passes away. This usually involves a grant of probate or a grant of administration. It is an application to the Court allowing an individual or an executor to administer the estate and collect assets, sell property and deal with the beneficiaries of the estate.
Estate Disputes and Litigation
MacIsaac and Company has the experience to represent you at all levels of court and in dispute resolution proceedings regarding estate litigation. This includes wills variation claims, claims by unrelated parties, claims for unjust enrichment and other estate related matters.