Compliance Questions for Non-standard Will and Powers of Attorney


Clients may generally decide on the instructions to include in their personal will and powers of attorney. However, when client’s instructions are unique or deviate from common practice (or our Standard Will and Powers of Attorney), we require a detailed understanding behind the reasons for your instructions for compliance purposes.

Please provide detailed responses to the question below (as applicable) and attach extra pages if required.

Trustee / Attorney

In appointing your trustees or attorneys:

A.       Why are you choosing some family members and not others?

B.       Why are you choosing non-family members and not your family?

C.       What is your relationship with the persons you appointed? What is your relationship with your family members who are not appointed?

D.       Are the appointed persons aware that you selected them?

E.       Are the non-appointed family members aware that you did not select them? Would they be surprised about your decision?

Dividing your Estate (Real Estate, Bank Account, Assets, Shares, Possessions)

In dividing your estate:

A.       Why are you giving more of your estate to some people and less/none to others?

B.       What is your relationship with the people receiving more of your estate? What is your relationship with your family receiving less/none of your estate?

C.       Is your family aware of your decision to allocate more amounts to some people and less/none to others?

D.       Is your family who are receiving less/none of your estate aware of your decision? Do you think they would be surprised with your decision?

Disclaimer: This article does not contain legal advice and only provides general information. It does not establish a lawyer-client relationship. You should consult with a lawyer before you rely on this information.

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Winnie J Luk, BA, JD, MBA, founder of Landmark Law, is a seasoned Ontario lawyer practicing in Wills and Estates, Real Estate, and Business Law and frequent speaker of free legal education seminar.