Wills And Powers Of Attorney
Make Sure Your Affairs Are In Order
We can help you complete or update a Will. We can also help you develop a Power of Attorney plan before you need one, or help assign a Power of Attorney when the time is right.
We’re Here To Help
Many people put off getting a will or Power of Attorney because they’re afraid it will be complex or too emotional. We take pride in demystifying law for Canadians and putting our clients at ease. It’s almost always much easier (and less costly) than you fear.
Download Our Free Wills And Power Of Attorney Checklist
What do you need to start drafting a will or Power of Attorney?
Need A Will Urgently?
Life can be unexpected, and mobility can be an issue. As a way to provide quality legal services to anyone in need, TLR offers out of office meetings to hospitals, long term care homes, and hospice for a flat rate plus tax and disbursements. We also provide emergency services to those in need. Emergency services are currently only available during office hours and only in or near Winnipeg.
Wills & Powers of Attorney Video Series
Do you need a will?
Yes, having a Will is important whether or not you have significant assets. Without a valid Will, the Intestate Successions Act in Manitoba will determine how your estate is distributed, which may not align with your personal wishes. Even for those with few assets, a Will simplifies the legal process after death, helping family members handle tasks like closing bank accounts and settling debts. Without a Will, these tasks can become complicated and costly, placing additional stress on your loved ones during an already difficult time.
How to make a valid Will?
In Manitoba, you can create a Holographic Will, written entirely in your own handwriting and signed, but this method is risky and should only be used in urgent situations. For a secure and legally valid Will, it’s best to consult a lawyer. A lawyer-prepared Will ensures all legal requirements are met and addresses complex matters like life insurance, real estate, and registered accounts. While Will kits might seem convenient, they often fail to meet Manitoba’s legal standards, making lawyer guidance essential to avoid future complications and disputes.
What does the lawyer need to prepare a Will in Manitoba?
Before meeting with your lawyer, compile a list of your assets, including life insurance policies, RRSPs, real estate, and bank accounts. Think about how you want these assets distributed to your spouse, children, or other family members. You should also consider naming alternate beneficiaries in case your immediate family does not survive you, such as extended relatives or charitable organizations. This preparation ensures that the meeting is efficient and helps your lawyer craft a Will that accurately reflects your wishes.
Who can I appoint as Executor?
Your executor is the person responsible for managing your estate after you pass away. This includes paying debts, handling taxes, and distributing your assets according to your Will. Choose someone you trust, and consider naming an alternate in case your first choice is unavailable. If you have children under 18, you should also appoint a guardian to care for them. The executor manages the assets left to your children until they reach adulthood, and can use funds for their education or other needs before they come of age, based on the instructions in your Will.
What other documents do I need to prepare?
In addition to your Will, it’s important to prepare a Power of Attorney and a Health Care Directive. A Power of Attorney allows someone you trust to manage your finances if you become incapacitated. Without it, a court may have to appoint someone, a process that can be long and expensive. A Health Care Directive enables you to designate proxies to make medical decisions for you if you’re unable to do so. Both documents ensure that your wishes are respected in life, not just after death.
Easy Explanations
What does Intestate mean?
Intestate means a person died without a will.
What are Beneficiaries?
Beneficiaries are individuals or legal entities, that receive funds or other benefits from the executor of a will.