Brian’s Law

Where There’s a WILL, There’s a Way

It is New Year’s Eve.  You are hosting the family party for the 6th year in a row, despite your proclamation last year that “Someone else is having the party next year!!”
Even though it is only 10:00 P.M, Uncle Fred is already asleep on the couch; head back, making those small animal noises that he is so famous for.  The children are playing in the basement and the fact that there are no sounds coming up the stairs is making you quite nervous.  How long does it take 2- 12 year olds and a 9 year old to disassemble a furnace?

The conversation turns to the “New Years Resolutions” part of the evening, as it always does about this time.  You could have made the list during the first party and there wouldn’t be much difference.  Number 1 – Lose Weight.  You have noticed that this one becomes more urgent the more parties you attend.  Number 2 – Stop Smoking.  Since it is getting more and more difficult to find a place to smoke, this one may just get easier to do.  And it goes on and on.

If you continued your list, my guess is that Number 235 would be “Make A Will”, right after number 234 “Organize Your Sock Drawer” It is one of those things that people always intend to do but always find some reason not to do it.  “I am not sick!” is one, or my personal favorite “I am not going anywhere so what do I need a will for!”

The answer, of course, is that you need a will so you can ensure that the assets you have acquired in your life can be given to those you care about the most.  The Provincial Government has passed a law that will decide this for you if you don’t take the time to do it yourself.  You may be surprise by the result.  You may have had a life partner for the past 15 years but because you never married, your no good brother, who you haven’t spoken to for all that time, may inherit your estate because you didn’t write your wishes down in a will.  Newlyweds may find that their entire estate can ends up in the hands of one family if there is a joint accident, where a will would have said it should be shared between both families.  There are many other examples of results that would be far different if a will was in place.

If you have children, it is your one chance to set out your wishes as to who you would like to raise them if you couldn’t.  Is this a question to leave unanswered?

The bottom line is that this is too important to be left to chance or to elected officials.
Call your lawyer now. It’s easy and surprisingly inexpensive. 

 

Brian McMurter is a lifelong Durham Resident who practices Real Estate and Wills & Estate law in Whitby.  His website is www.mcmurter.com