Best Estate Planning Lawyers in Unity

About Estate Planning Law in Unity, Canada

Estate planning in Unity, Canada, is the process of organizing and managing your assets to ensure they are distributed according to your wishes after your death or in case you become incapacitated. Unity is located in Saskatchewan, so estate laws here follow the provincial regulations established by the Government of Saskatchewan. Estate planning typically involves creating a will, setting up powers of attorney, establishing trusts, and considering tax implications with the aim of protecting your legacy and supporting your loved ones.

Why You May Need a Lawyer

There are several situations where seeking legal advice in estate planning is advisable. Common reasons include:

• Drafting or updating a will to ensure your assets are distributed according to your wishes
• Establishing powers of attorney for health care or property if you are concerned about future incapacity
• Minimizing taxes and probate costs for your heirs
• Setting up trusts for minors or beneficiaries with special needs
• Ensuring blended families or complex family arrangements are correctly provided for
• Dealing with business succession planning
• Addressing disputes over inheritances or unclear intentions

Legal professionals can help ensure all documents are valid and reflect your intentions, as well as assist with the administration of estates, which can be complex and time-consuming for executors.

Local Laws Overview

Estate planning in Unity is governed by the laws of Saskatchewan. Some key aspects include:

• To make a valid will in Saskatchewan, you must be at least 18 years old and of sound mind, and your will must be in writing and signed in the presence of two witnesses.
• The Wills Act, 1996 (Saskatchewan) governs the requirements for creating and updating wills. Special laws apply to holograph (entirely handwritten and signed) wills.
• If someone dies without a valid will (intestate), the Estate Administration Act determines how their assets are distributed among relatives.
• Power of Attorney documents allow you to appoint someone to make decisions about your property or personal care if you become unable to do so.
• Probate is the legal process where a court confirms the validity of the will and authorizes the executor to administer the estate.
• There are specific rules regarding the rights of spouses, children, and dependents, who may apply to the court if they believe they have been unfairly excluded from an estate.
• Taxation and succession laws may impact how assets are distributed and what your beneficiaries receive.

Given the complexities and potential for changes in law, consulting with an estate planning lawyer in Unity is highly recommended.

Frequently Asked Questions

What is included in an estate?

An estate consists of everything a person owns at the time of their death, including real estate, bank accounts, investments, vehicles, personal belongings, and, in some cases, insurance policies and business interests.

What happens if I die without a will?

If you die without a will in Unity, your estate will be distributed according to Saskatchewan's intestacy laws. This usually means your closest relatives inherit, but the distribution may not reflect your personal wishes.

Can I write my own will in Unity, Canada?

Yes, you can write your own will. However, it must meet legal requirements to be valid. A will can be typed and signed with two witnesses, or entirely handwritten and signed (a holograph will), though seeking legal guidance can help avoid mistakes.

What is probate, and will my estate have to go through it?

Probate is a court process that verifies your will and grants your executor the legal authority to manage your estate. Most estates in Saskatchewan require probate, but small estates or those with assets held jointly or with designated beneficiaries (like RRSPs) may not.

Can I change my will after it is written?

Yes, you can change your will at any time while you are mentally capable. Amendments should be made through a codicil or by writing a new will, both of which should comply with legal requirements in Saskatchewan.

What if I have assets or relatives outside Canada?

Estate planning can become more complex with overseas assets or beneficiaries. Taxation and inheritance laws may vary widely in other countries. An experienced estate lawyer with international planning experience is recommended.

What is a power of attorney, and why do I need one?

A power of attorney is a legal document that allows you to appoint someone to make financial or personal decisions on your behalf if you become unable to do so. Without one, your family may need to go to court to obtain authority to manage your affairs.

How can I ensure my children's guardianship in my estate plan?

In your will, you can name a guardian for your minor children. While the court has final authority to appoint a guardian based on the children's best interests, your wishes carry significant weight.

What taxes apply to estates in Unity, Canada?

Canada does not have an inheritance tax, but a deceased person is considered to have disposed of all assets at death, which may trigger capital gains taxes. Other taxes and probate fees may also apply, depending on the assets and their value.

What should I do if I am named as an executor of an estate?

You should gather important documents, contact beneficiaries, pay debts and taxes, and distribute assets according to the will. It is advisable to consult a lawyer to ensure legal obligations are met and to assist with probate and estate administration.

Additional Resources

Several resources can assist you with estate planning in Unity, Saskatchewan:

• Saskatchewan Ministry of Justice and Attorney General – Offers guides on wills and estate administration
• Law Society of Saskatchewan – Provides a lawyer directory and public information on legal issues
• Public Legal Education Association of Saskatchewan (PLEA) – Provides accessible legal information for the public
• Office of the Public Guardian and Trustee – Assists with estates where there are no known heirs or the executor cannot act
• Local Unity legal clinics and community centers – May offer legal clinics and free resources

Next Steps

If you are considering estate planning or have questions about wills, powers of attorney, or administering an estate in Unity, Canada, consider the following steps:

1. Gather information about your assets and family circumstances.
2. Make a list of your goals and concerns, such as guardianship for children or charitable donations.
3. Contact a local estate planning lawyer in Unity. They can provide tailored advice, ensure your documents are legally valid, and help you avoid costly errors or disputes.
4. Review and update your estate plan regularly, particularly after significant life changes such as marriage, divorce, births, or deaths in the family.
5. Inform your executor and close family members about your estate plan and where your documents are stored.

Taking these steps with the assistance of a knowledgeable professional will help ensure your wishes are respected and your loved ones are taken care of.