Pop legend Prince passed away in 2016 at the young age of 57. Despite fame, fortune, a wardrobe filled with raspberry berets, and a lineup of royalty-generating music, the man made a critical mistake that too many Canadians seem intent on copying – he didn’t have a will.

An Angus Reid Institute poll finds that 51% of Canadians do not have a will, while only 35% have one that is up to date. If you want to mimic Prince’s fabulous personal style, that’s one thing; but following in his footsteps by dying without a will is not something we recommend.

An estate plan isn’t just for the wealthy, and it involves much more than a will. Consider a few real-life scenarios that may hit a bit closer to home than the story of an international pop star.

1. Single father, 2 minor children: He has a well-paying job and has accumulated assets; an RRSP, a TFSA, and the family home. He also has a life insurance policy that would pay out upon his death. He would like to have the assets managed professionally for his children until their 25th birthdays. The case may be obvious, but our father is in dire need of a proper estate plan. Upon his death, there are tax consequences for the RRSP, a formal trust needs to be set up by a lawyer, a trustee needs to be appointed, and assets need to be liquidated. The only proper way to do any of these things is with the help of a will.
2. Married couple, 2 young children: They have some debt but do not have much in the way of savings. There is a modest life insurance policy through the wife’s employer, but with the absence of personal wealth and with money tight, they are not yet considering creating a will. Personal wealth does not determine the need for an estate plan. Importantly, a proper estate plan covers the guardianship of minor children. Without explicit directions from the parents. the guardianship could end up in court. With family members who don’t get along, the only ones who win are the lawyers.
3.  Death in a split family: Your friend’s mother passes away. Your friend’s half-sisters would like their mother to be buried next to their father, who passed away 50 years ago. Your friend, of course, would like her mother to be buried next to her father, who was the deceased’s current husband of 45 years. A proper estate plan involves a final directive, which is direction to those left behind on what should happen with one’s remains. It’s often difficult to foresee what problems or conditions may arise upon your passing, which is why a properly structured and well thought out plan is crucial.

So, should you have an estate plan? The answer, in our experience, is almost. certainly yes. And that estate plan should almost certainly include a will, appointment of a power of attorney, and final directive. Not only should you have a a plan, you should also revisit it regularly, as it’s likely you’ll change your mind as circumstances change over time. If you’ve having difficulty figuring out where to begin, talking to a professional would be worthwhile. Give us a call to discuss. 519-655-2700. While we can’t give legal advice, we can steer you in the fright direction to get started. It doesn’t have to take much time and doesn’t have to be expensive.