Wills

The purpose of a Will is to provide for the orderly distribution of your assets upon your death. A well drafted Will is an essential element of any estate plan. Having a Will allows you to provide for the welfare of your family, distribute your assets as you think best, and to secure the efficient management of your property.

Estate planning generally entails three basic objectives:

  • The preservation and protection of assets during a person’s lifetime.
  • The orderly and tax-effective transfer of assets to beneficiaries.
  • To the extent possible, the continued preservation of property once it has been transferred to beneficiaries.

Although every adult should have a Will, the most common times when people decide to prepare a Will are when they are about to get married or have just gotten married or have started a family.

A Will provides peace of mind for you and your family. Having a clear estate plan allows you to provide for and protect your loved ones, avoid conflict among family members, and minimize tax and probate fees. Having a Will that clearly expresses your intentions and wishes will ensure a distribution of your assets according to your instructions without the need for court intervention.  Passing away without a Will can make life difficult for those your leave behind as they may be unsure about your wishes and intentions.  We will work with you to articulate your wishes in your Will so that your loved ones can be certain they are honoring your legacy.

In preparing your Will, we will discuss how Trusts are often an essential component of estate planning.  In situations where you are concerned that an immediate distribution of your estate to your beneficiaries is not in their best interest, we can deal effectively with these types of concerns by establishing a Trust in your Will.  When you create a Trust in your Will, you direct your executors to hold your estate, or part of it, “in trust” for the beneficiary or beneficiaries.

A number of factors must be taken into account when you are deciding whether or not to establish a Trust in your Will. These factors include the size of your estate, the ages of your beneficiaries and how responsible they are, and any special needs, such as medical or educational, which a beneficiary may have.

We will work with you to assess whether setting up a Trust in your Will will meet your objectives.  If so, we will establish a Trust that will ensure your beneficiaries are taken care of and your assets are preserved to the extent possible.

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