These materials are not be used reproduced without written permission of Orvel L. Currie.

This material is for information purposes only and is not intended to be used or given for financial, tax or legal advice. The material presented may be incorporated into the working knowledge of the reader but its use is predicated upon the professional judgment of the user . Before implementing any of these plans or applying the concepts in this material you must discuss your circumstances with a financial tax advisor or Attorney to ensure the concepts are applied correctly in your specific fact situation.

• Making a Will prevents your family from being buried in red tape and financial hardships at a time when they can least deal with the extra difficulties.
• Make a Will as soon as possible.
• If you do not make a Will, your estate will be distributed based on The Intestate Succession Act.
• If you have a Will, review the Will to ensure it is current both with respect to the law and your present personal situation.
• In circumstances involving a second marriage with children from a former marriage, you may want to ensure that you specifically deal with bequests to your children.
• Certain tax savings may be available through trust Wills and Estate planning.
• Legal fees for preparing Wills are paid according to many factors including the complexity of your estate and the urgency in completing the Will.
• Executors should be chosen on the basis of ability, availability and affability.
• Every person who has capacity to make healthcare decisions may make a "Living Will" or "Healthcare Directive".

An often overlooked aspect of one's life is the preparation of a Will.

Preparing a Will is a first step in estate planning. The first priority in estate planning however is to ensure you have enough money to meet your own income needs in your retirement. There are many reasons why people do not have a Will prepared. They believe they are too young, do not have enough of an estate to bother; or they simply do not have the time.

The drafting of a Will is the only way to ensure the distribution of your estate in the way that you want. No matter how young a person you will have assets and personal effects which you may wish to see distributed in a particular fashion. Many people do not realize the extent of their estate. As people accumulate assets and start to insure themselves their wealth grows.

The time involved in preparing a Will depends upon the complexity of your affairs and your individual desires. The expense of the Will is a fraction of the cost of a Court application to confirm the distribution of your estate and to sell any assets that may form part of your estate. These matters can be dealt with in your Will.

Q: WHY A WILL?

A: Making a Will prevents your family from being buried in red tape and financial hardship at a time when they can least deal with the extra difficulties. For an individual who has a family, the results can be devastating. The income ceases, bank accounts in the soul name of the individual are frozen and the remainder of the estate is left in limbo until Court applications can be made. Insurance policies not properly considered can be held up pending the administration of the Estate. While your Lawyer is drafting your Will he will be speaking to you about these matters to ensure the most efficient and orderly distribution of your estate to your family.

Q: WHEN SHOULD I MAKE A WILL?

A: As soon as possible. A Will can be revised any time. You should not wait until you believe you have amassed sufficient wealth or you have your affairs in perfect order.

Q: WHAT HAPPENS IF I HAVE NO WILL?

A: If a person dies without a Will, their estate is distributed based on THE INTESTATE SUCCESSION ACT and is called an "intestacy". This means there was no Will to follow for distribution purposes. Your assets will be divided according to THE INTESTATE SUCCESSION ACT among your heirs as set out in the Act, without consideration of either your personal desires or your family's needs.

The results of an intestacy are that rules apply that are inflexible. The assets will be distributed only to certain blood relatives. Provisions for other persons can only be made through a Will. Any money left for children will be held by the Public Trustee until they turn 18 years of age and will be paid to them, in a lump sum, at age 18. A minor's portion is locked in a trust and can only be encroached upon for the maintenance and education of the child. This will require Court applications by the guardians of your children. A Will provides broader power to deal with the child's share without having to go to Court or involving the Public Trustee Office.

Q: WHAT IF I ALREADY HAVE A WILL?

A: You may want your Lawyer to review the Will to ensure it is current with respect to both the Law and your current personal situation. Generally, a Will should last for a significant time. However, if a major life event has occurred such as a divorce, or marriage or you have received a large sum of money you may want to review your Will to ensure you have included all of your assets and considered all possible tax and administrative matters.

Q: WHAT HAPPENS IF I HAVE BEEN MARRIED MORE THAN ONCE?

A: In circumstances involving a second marriage with children from a former marriage, you may want to ensure that you specifically deal with bequests to your children of the first marriage to ensure they receive a share of your estate. If you do not do a Will, your estate may be divided and distributed according to Provincial legislation which may not distribute any of your estate to your children of your first marriage. If you are currently separated you will want to make sure that your current Will reflects your desires and that all of your estate does not go to your estranged wife.

Q: CAN MY WILL AFFECT THE TAX CONSEQUENCES OF MY ESTATE?

A: Certain tax savings may be available through trust Wills and other provisions.

Q: HOW DO I CHOOSE AN EXECUTOR?

A: Your Executor should be someone who has the ability to deal with financial matters. He or she must be available to assist in the administration of the Estate. He or she should think like you or have a similar philosophical outlook so that the closest decision may be made to achieve your desires in situations which are unexpected and there is no clear direction under the Will.

Q: WHAT FEES WILL I BE CHARGED?

A: Legal fees are paid according to many factors including the complexity of your estate and whether there is an urgent need requiring a rush. Normally, a standard Will costs $150.00. You will be required to fill out a form and meet with your Lawyer on at least two occasions. Not all Wills are standard and the costs is based upon the extra time spend drafting your Will.

Q: WHAT IS A LIVING WILL?

A: Manitoba Law recognizes that competent individuals have the right to refuse certain medical treatment. This right has been extended to individuals who are no longer able to participate in decisions respecting their medical treatment, because of an illness or injury. This is done by the means of a HEALTHCARE DIRECTIVE. Every person who has capacity to make healthcare decisions may make a Healthcare Directive. A Directive becomes effective when the maker ceases to have capacity or is unable to express his or her wishes respecting a proposed treatment. A healthcare decision expressed in a Directive is as effective as if made by the maker when the maker had the capacity to make the decision. The Directive must be in writing, dated and executed with Witnesses. These Directives are sometimes also called "LIVING WILLS".