Planning for the future is one of the most meaningful steps you can take to safeguard your loved ones and your assets. A properly drafted Will and Power of Attorney (POA) ensure that your wishes are respected, your family is protected, and difficult decisions are simplified during life’s most challenging moments.
At Barbarian Law, we provide a clear, step-by-step process to make estate planning straightforward, personalized, and legally sound. This guide explains why Wills and Powers of Attorney are essential and how working with a lawyer can help you avoid costly mistakes.
Why a Will and Power of Attorney Matter
A Will is a legal document that directs how your property and assets will be distributed after your passing. It allows you to:
• Decide who inherits your belongings.
• Appoint an executor to manage and distribute your estate.
• Express guardianship preferences for minor children.
• Create trusts to protect inheritances.
Without a Will, Ontario’s intestacy laws determine who receives your assets. This means that siblings or distant relatives could inherit instead of your children, often contrary to your wishes.
A Power of Attorney (POA) appoints someone you trust to act on your behalf if you cannot make decisions yourself. In Ontario, there are two main types:
• Financial Power of Attorney: Allows your attorney to manage finances, real estate, banking, taxes, and business interests
• Personal Care Power of Attorney: Allows someone to make decisions about your health care, housing, and personal well-being.
POAs can be continuing/enduring (remaining valid if you become incapacitated) or limited (restricted in scope or triggered by incapacity, such as a declaration from two physicians). Without a valid POA, your family may face court delays and additional costs before making even routine decisions.
Why Work with a Lawyer
Many people turn to DIY kits or online templates, but these often fail to meet Ontario’s strict legal requirements. Even a small mistake, such as incorrect witnessing, can render a Will or POA invalid, creating disputes and unnecessary expense for your family.
At Barbarian Law, we ensure:
• Clarity and enforceability: Your documents comply with Ontario law and are tailored to your circumstances.
• Personalized advice: Whether you are a business owner, part of a blended family, or managing cross-border assets, we anticipate challenges, so your plan works when it matters most.
• A guided process: From intake to execution, we make the experience simple, efficient, and stress-free.
Our Process
We follow a proven, client-focused process:
• Initial Consultation: We discuss your family, assets, and goals.
• Confidential Questionnaire: You complete a simple intake form to streamline preparation.
• Customized Drafting: We prepare tailored, plain-language documents.
• Review Together: We meet to ensure everything reflects your wishes.
• Proper Execution: Our office arranges witnesses and ensures legal validity.
• Ongoing Support: We provide revisions as your life and circumstances evolve.
How to Prepare for Your Appointment
Coming prepared makes the process faster and smoother. Consider bringing:
• A list of beneficiaries and specific gifts you want to make.
• Your chosen executor and alternates.
• Guardianship preferences for minor children.
• Your values and preferences for personal care decisions.
• A list of real estate, insurance policies, and business interests.
To minimize excess probate tax, we avoid listing unnecessary account numbers or minor assets in your Will. This way, routine financial changes would not require constant updates.
Keeping Your Plan Current
We recommend reviewing your Will and POAs every two to five years, or after major life events such as:
• Marriage, separation, or divorce.
• The birth or adoption of a child.
• The purchase or sale of significant assets.
• Business changes or relocations.
Safe storage is essential, and your executor or attorneys should know where to access the originals. For added security, Barbarian Law can retain copies and provide digital access upon request.
Take the Next Step
Preparing a Will and Powers of Attorney is more than a legal task, it is an act of protection and foresight for the people and assets you care about most.
At Barbarian Law, we make the process respectful, efficient, and tailored to your life. Take the first step toward peace of mind today.
Email karim@barbarianlaw.ca to request your intake questionnaire and book your consultation. Together, we will create a plan that gives you clarity, confidence, and security.
