How can I prepare for the first meeting for my Last Will ?

The process of writing a last will is simple. It takes place over two meetings.

The first to discuss your wishes and the second to review the documents together and sign.

We invite you to reflect about the questions below.

Preparation is not mandatory. We will discuss everything together.

Last Will Questions

The Last Will is a document opened in the event of death only.

Assets and Property 

  • What kind of property and assets do you have?
  • You may want to jot a quick list down. It is not mandatory and it does not have to be precise with exact numbers. The objective is have a summary understanding of your financial assets.
  • Do you have a specific asset of value that you wish to give to someone specific (ex. jewelry, a painting, a musical instrument, etc.)

Inheritance

  • When you pass away, who will inherit your assets ? In what proportions ?
  • Foresee a substitute heir(s) should your initial heir(s) predecease you

Children 

  • If you have children, at what age should they inherit (ex. 18, 21, 25, etc.)
  • Who will manage their inheritance for them until they reach the age of inheritance ? Foresee a substitute. This role is called a Trustee or Administrator.
  • Who will have custody and parental authority over your minor children should both the father and mother die or be incapacitated. This role is called a Tutor.
  • Will we be setting up a small trust for your children until they reach the appropriate age ? We will discuss this in detail.

Liquidation 

  • Who will be the liquidator of your estate? The liquidator is the individual responsible for the administration of the estate. (Ex. going to the notary, the bank, filing the taxes, doing the inventory, distributing the assets)
  • Fore see a substitute liquidator (s)

Funeral 

  • Do you wish to specify details for your funeral arrangements ? (ex. Cremated, buried, in a specific cemetery, service, no service, etc.)
  • Or rather, do you prefer to designate a family member or friend to make all funeral arrangements ?

Organ Donation

  • Do you consent or refuse organ donation ?
  • It is also possible not to make any mention in your documents

Mandate of Protection Questions

The Mandate of Protection applies in the event of incapacity only. The Mandate of Protection is optional but the majority of clients do it simultaneously with the Last Will.

Mandatary to Property

  • Should you be in a state of incapacity, who do you designate to manage your property and assets in your name ?
  • Foresee a substitute mandatary to property
  • Your mandatary to property will be obligated to produce an annual report of his administration.  Who do you appoint as a verifier to receive and review the report ? (It can be another family member, a friend, a professional, etc.)

Mandatary to the Person

  • Should you be in a state of incapacity, who do you designate to make decision for your health and well being ? (It can be the same individual as the mandatary to Property)
  • Foresee a substitute mandatary to the person
  • Should you be in an end of life situation, and the doctors deem your medical state to be irreversible and it is improbable for you to come back and live a meaningful life independent of machinery, are you opposed to heroic measures ? Do you prefer to be made comfortable and let go or do you prefer to leave the decision up to your mandatary for health ?