I know firsthand how busy life can get with family, work, and volunteer commitments, and how easy it can be to postpone certain to-dos you’ve been meaning to cross off the list for weeks, months, or even years. For many, one of those to-dos is to make a Will and Powers of Attorney or to update existing ones. As a lawyer who practices in the areas of estate planning, estate administration, and charity law, I also know firsthand how important these documents are and how difficult it can be for your loved ones should you become incapacitated or pass away without them.

In my experience, estate planning is an opportunity to consider and document your intentions relating to your assets, your family, and your care, in the event of your incapacity and death, and typically involves making or updating a Will (or more than one Will, if you are a business owner), a Power of Attorney for Property, and a Power of Attorney for Personal Care.
In Ontario, if you die without a Will (intestate), your estate is administered under the province’s intestacy laws rather than in accordance with your wishes. Not only can dying intestate result in very unintended and costly consequences, such as your common law spouse being excluded as a beneficiary (as common law spouses do not have the same rights as married spouses under these laws) or a loved one having to apply to the court to be appointed your executor/estate trustee, but also missed opportunities for trust planning, tax planning, insurance planning, succession planning, and legacy giving.
As May is Leave a Legacy Month, let’s focus on the last one: legacy giving.
Regardless of a client’s age, when discussing their estate planning objectives and helping them to make their Will(s), an important question I ask is whether they would like to include a charitable gift or gifts, and if so, what charity(ies) and causes they wish to support. Some of my clients have already thought about this carefully, have had discussions with their charity(ies) of choice, and/or have set up their own family fund or foundation to steward their donations. Conversely, for some of my clients, this is the first time they have ever considered or seriously considered leaving a legacy gift in their Will; not because they are not charitable, but because they have never been asked, have felt confused about how or when to incorporate charitable donations into their estate plan, and/or have falsely assumed their estate will be “too small” to leave an impactful gift.
These conversations are always meaningful and open the door for my clients to further consider legacy giving and to discuss their intentions and the benefits of same with me and their other trusted advisors, including their accountants, investment advisors, and financial planners.
I would encourage you to discuss estate planning and legacy giving with your trusted advisors as well – we are here to help.

Jessica Williams
Associate – Wills/Estates
HARRISON PENSA LLP