Last Will and Testament Worksheet

Last Will and Testament Worksheet
Please complete the following worksheet prior to your appointment with Mr. Holowatsch. The information you provide will be used by the lawyer when drafting your last will and testament.

A copy of your submission will be provided by e-mail following your submission. If you are completing this form online, you can also save your progress and return to this form at a later time.

Part 1: Background Information
E-mail:*
example@example.com
Full Name:*

First NameMiddle NameLast Name
Do you go by any other names or nicknames? If so, please enter them here.
Date of Birth:

MonthDayYear
Do you have an existing Last Will and Testament? If so, please provide a copy of same for the lawyer's review on or before the date of your scheduled appointment.

YesNo
Briefly state the reason(s) why you are preparing a new last will and testament:
Marital Status:

Married/Common-LawMarried, previously widowed or divorced.Divorced/Annulled.Widow/Widower.Separated.Engaged.Single.
Full name of current Spouse (includes married, common-law spouse or same-sex partner):

First NameMiddle NameLast Name
Does your Spouse go by any other names? If so, please specify those here.
Date of birth of current Spouse:

MonthDayYear
Date
If Married, please specify the Date and Place of Marriage:
If you are Engaged to be married, please specify the proposed date of marriage:
If Married (including common-law and same-sex marriages) are you party to Cohabitation Agreement or Marriage Contract? If so, please provide a copy of same prior to our meeting or upload a scan below.

YesNoOther
Upload of Domestic Contract (Cohabitation Agreement, Marriage Agreement, etc.)

Cancelof
If you are Separated, are you party to a Separation Agreement? If so, please provide a copy of same prior to our meeting or upload a scan below.

YesNoOther
Upload of Separation Agreement

Cancelof
Are you Divorced? If so, please specify the Date(s) of Divorce as well as the Name(s) of any former spouse(s).
If applicable, please provide details of any Spousal Support obligations owing by you and to whom:

Do you have any children? Please include any child born to you, adopted and individuals that you consider as your child (step-child or other)?

	Full Name	City of Residence	Date of Birth
Child 1
Child 2
Child 3
Child 4
Child 5

Do you have any grand-children? Please include any grand-child born to you, adopted and individuals that you consider as your grand-child (step-grandchild or other)?

	Full Name	City of Residence	Date of Birth
Grand-Child 1
Grand-Child 2
Grand-Child 3
Grand-Child 4
Grand-Child 5

Do you have any Dependents (minor children, adult children, parents, siblings or others) to whom you offer some form of assistance (not just financial)? If so, please provide their Name(s), specify their Relationship to you, and explain the Nature of Support you provide:
Are you Disabled? If so, are you receiving government disability benefits such as those paid under Ontario's Disability Support Program?

Yes, receiving benefits.Yes, no benefitsNo.Other
Are you any of your children, grandchildren or dependents Disabled? If so, are they receiving government disability benefits such as those paid under Ontario's Disability Support Program?

Yes, receiving benefits.Yes, no benefitsNo.Other
Are you an executor or estate trustee of any estate? If so, please provide particulars of same:
Do you rely on other professional advisors such as lawyers, accountants, insurance agents, investment advisors? If so, please provide their name(s) and contact information here:

Part 2: Asset Information
Part 2: Asset Information

Do you own real estate anywhere in the world? If so, please provide the following information:

	Address	Approximate Value	Name(s) of Owners	Ownership Type
Property 1
Property 2
Property 3
Property 4

If applicable, please provide details of any encumbrance(s) such as mortgages, for each piece of real property:

Bank Accounts, Registered Funds, Life Insurance and Pension Plans

Bank Account Information - Please provide some general particulars of your bank accounts. These details are used only to facilitate the administration of your estate down the road. They are kept on file for your executors' reference.

	Bank Name	Account Owner(s)	Approximate Value	Joint Account?
Account 1
Account 2
Account 3
Account 4
Account 5

Registered Plans (RRSPs, RRIFs, TFSAs) - Please provide some general particulars of your registered funds. These details are used only to facilitate the administration of your estate down the road. They are kept on file for your executors' reference.

	Plan Type	Institution Name	Approximate Value	Named Beneficiaries
Account 1
Account 2
Account 3
Account 4
Account 5

Please provide particulars of any Employment Plans, such as Pensions, Employee Profit Sharing Plans.

Life Insurance - Please provide some general particulars of your policies of life insurance. These details are used only to facilitate the administration of your estate down the road. They are kept on file for your executors' reference.

	Institution Name	Approx. Cash Value	Named Beneficiaries	Conditions of Payment?
Policy 1
Policy 2
Policy 3
Policy 4

Corporate Shares, Foreign Assets, Other Debts or Assets
Please provide particulars of your ownership in Private Companies, including the number and type of shares and their estimated value.
If applicable, please provide particulars concerning your ownership of Foreign Assets:
Are you owed money from others? If so, please provide the amount of the debt owed to you and the full name(s) and address(es) of all debtor(s):
If applicable, please provide a description of any Foreign Assets, their estimated value and the jurisdiction(s) where located:
If applicable, please provide particulars of any other Financial Obligations (i.e. Leases, Guarantees, Agreements to Purchase Property, Support Obligations, Litigation, etc.):

Personal Property - Boats, Valuables, and Personal Items
Please provide particulars concerning any Vehicles and Boats you own, including their estimated value and location:
Are there any personal items, heirlooms, artwork, jewelry or collectibles, etc. of special note? If so, please provide estimated value(s):
Are there any Items of Furniture or Household Items of special note? If so, please provide an estimated value:

Part 3: Estate Administration & Distribution
Part 3: Estate Administration & Distribution
Executors/Trustees:

An important decision to be made is the choice of one or more persons, and possibly a trust company, to act as executors. Essentially, executors are responsible for the administration of trusts set out in your will. They are responsible for arranging the burial, proving the will, collecting the estate, satisfying bequests and, as necessary, converting the estate into money to be used to pay debts and legacies. Finally, the executors distribute the residue of the estate to the persons entitled to it.

Consider the following: who will administer your estate and distribute your assets and/or manage trusts for your beneficiaries in your will when you pass away?

It is perfectly acceptable to name a residual beneficiary as executor, and often advantagous to do so, because he or she has a direct interest in administering the estate in a cost-effective and expeditious manner. It is also common to name the same person as executor and as guardian of minor children.
Full Name of Executor/Trustee 1:

First NameMiddle NameLast Name
Address of Executor/Trustee 1:

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Relationship of Executor/Trustee 1:
i.e. Spouse, friend, sibling, child, accountant, etc.
Full Name of Executor/Trustee 2:

First NameMiddle NameLast Name
Address of Executor/Trustee 2:

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Relationship of Executor/Trustee 2:
i.e. Spouse, friend, sibling, child, accountant, etc.
Alternate Executors/Trustees:

In the event that your appointed Executor(s)/Trustee(s) cannot act for any reason, it is recommended that you appoint at least one (1) alternate. This is especially important if you have chosen one Executor/Trustee above.
Full Name of Alternate Executor/Trustee 1:

First NameMiddle NameLast Name
Address of Alternate Executor/Trustee 1:

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Relationship of Alternate Executor/Trustee 1:
i.e. Spouse, friend, sibling, child, accountant, etc.
Full Name of Alternate Executor/Trustee 2:

First NameMiddle NameLast Name
Address of Alternate Executor/Trustee 2:

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Relationship of Alternate Executor/Trustee 2:
i.e. Spouse, friend, sibling, child, accountant, etc.
Compensation for Executor(s)/Trustee(s):

If the Will is silent regarding compensation, an executor or trustee may claim "fair and reasonable allowance for the care, pains and trouble, and the time expended in and about the estate" under Section 61 of the Trustee Act.

If all the beneficiaries of the estate or of the particular trust in question are of the age of majority and mentally capable (and there are no potential or contingent unborn or unascertained beneficiaries), the beneficiaries may agree to negotiate the claim. Otherwise, the executor or trustee must make a claim for compensation in the context of a court application to pass his or her accounts. In the absence of a Compensation Clause in the Will, a court usually allows compensation to an executor/trustee at the following rate: 2.5% of all receipts and 2.5% of all disbursements.

Additionally, Executor's Compensation is income from an office, and subject to income tax in the executor's hands. It is sometimes possible to avoid taxation of compensation by leaving a legacy to the executor (which is not tied to him or her acting as executor) and asking him or her privately to not take compensation.
Form(s) of Executor's Compensation:

No CompensationReimbursement for Expenses (i.e. may include travel, etc.)Fixed Sum, as specified below
If Fixed Sum is chosen, please specify the amount of compensation here:

Funeral & Burial Instructions
Legal Background

At common law the duty of disposing of the body falls on the Estate Trustee and he has the right to determine the place and manner of burial. Where the deceased has left directions as to the disposal of his remains, these directions are not legally binding on the Estate Trustree although the wishes of the deceased should be carried out as much as possible.

Please Note: Funeral instructions are not legally binding as a person has no property right in his or her own dead body. Instead, the task of disposing of the body falls to the executors who may make any arrangements and spend any amount of money that is appropriate given the testator’s means and station in life. However, in most cases, the executors will be happy to follow the testator’s wishes.

Organ and Tissue Donation

A written and signed direction with respect to organ donation is legally binding: Trillium Gift of Life Network Act, R.S.O. 1990, c. H.20, s. 4(1)(a) and (3). However, as the Will may be read too late to be of use, you should also notify your family members of your wishes and to register your wish to donate with Ministry of Health (which can be done online or in person at Service Ontario).

Funeral Instructions

Although it is extremely helpful for your executors and your family to list a preferred church, hymns, flowers, etc., you should refrain from putting too much detail into the Will itself. Instead, the you may write a letter to your executors, or pre-plan your funeral with a funeral home and advise your executors and immediate family members orally of your important wishes.
Please confirm your wishes as they pertain to the disposition of your remains.

Organ and Tissue DonationDonation of Organ and Tissue for Scientific Research and Medical EducationCremationBurial
Please confirm your wishes are they pertain to your funeral.

Funeral serviceCremationOther
Please provide any specific instructions pertaining to the handling of your body, the disposition of your remains and any funeral arrangements.
Please Note: Although it is extremely helpful to your executors and family to list a preferred church, hymns, flowers, etc., you should putting putting too much detail into the Will itself. Instead, you might write a letter to your executors, or pre-plan your funeral with a funeral home and advise your executors and immediate family members orally of your important wishes.

Beneficiaries
Beneficiary Designations for Registered Plans (RRSPs, RESPs, RRIFs)

Although a beneficiary designation can be made directly on the form provided by the financial institution, there is seldom room on the form to name an alternate beneficiary or to set up any trusts. Unless this matter is otherwise dealt with in the Will, if one named beneficiary predeceases you, the proceeds will be redistributed among the other named beneficiaries, or if all the named beneficiaries have died, the proceeds will fall into the your estate, where they will become subject to Estate Administration Tax.

Please note that beneficiary designations made in the Will affect only those registered plans which exist at the time the Will is signed. If a new plan is opened subsequent to the date of execution of your Will, the Will must be republished in order for the beneficiary designation to apply to it.

Please Specify your Primary and Alternate Beneficiaries you wish to name under any Registered Plans owned by you:

	Full Name	City of Residence	Relationship
Primary Beneficiary 1
Primary Beneficiary 2
Primary Beneficiary 3
Primary Beneficiary 4
Alternate Beneficiary 1
Alternate Beneficiary 2
Alternate Beneficiary 3
Alternate Beneficiary 4

Instructions regarding Real Estate
Real Estate:

Do you wish to leave your home and/or any other real estate that you own to a particular person or person(s)? You may wish to give someone the right to use a property during their lifetime (or for a set period of time) with a provision stating that when they pass away, the real estate is to go to someone else.

This type of arrangement is a trust and requires you to consider matters such as who will pay ongoing expenses related to that property (i.e. insurance, maintenance costs, municipal taxes, etc.). Keep in mind that unless there is a direction to the contrary in the Will, a beneficiary of real property will be liable for payment of a mortgage secured against the property (SLRA s. 32).

Unless there is a direction contrary in the Will, all debts, taxes and expenses other than a mortgage on specificallly devised real estate will be paid out of the residue of the estate (Estate Administration Act, s. 5).
Do you have any specific requests/instructions to your Executor(s) regarding your real estate?
Probate Fees:
Probate fees in Ontario are significant (0.5% on the first $50,000.00 and 1.5% on the excess over $50,000.00) and steps should be taken to avoid passing assets through the estate. Accordingly, steps should be taken to ensure that property is held with the beneficiary(ies) jointly with the right of survivorship. The same should be arranged by way of beneficiary designations with respect to registred savings plans and plans of life insurance.

When joint ownership is arranged, the value of joint assets transferred on death by the right of survivorship or beneficiary designation is not included in the value of the estate for probate tax purposes.

To ensure joint ownership over specific assets such as real estate, please ask the lawyer for guidance in this area.*
Would you like to learn more about the benefits of joint-ownership over real estate assets?

YesNoLater on maybe

Distribution of Residue of Estate
Residue of Estate:

Once all of the gifts of specific assets or cash amounts have been distributed and all taxes and debts have been paid, the remaining assets and/or money left in your estate is called the Residue. Before deciding on how you wish to deal with the residue, it is important to first ascertain the value of the residue. Your decisions about whether to leave the residue, for example, outright to a particular person, or in trust for a period of time, may differ depending on the value of the residue.

There are two (2) typical options for deciding how distributions of the residue should take place. First, you may give the residue outright to one or more individuals (each such individual a "Beneficiary"). This means that if any beneficiary survives you, your assets are given to them to deal with as they see fit. In other words, they will have complete control over your assets.

Alternatively, you may establish a trust whereby the Trustees of your estate hold the assets for the benefit of one or more named beneficiaries for a stipulated period of time. The Trustees will manage the property in accordance with the terms and conditions that you establish in your Will. Typically, the Trustees then invest the trust into a fund that generates income. You may set out how earned income is to be paid, and how the capital (or in other words, the remainder of the property in the Trust) is to be distributed.
Bearing in mind the matters discussed above, please describe your intentions for the distribution of the residue of your estate:

Personal Articles- Name and Relationship of each person who is to receive specific articles and a full description of the articles:

	Beneficiary Full Name	Description of Article	Estimated Value	Conditions/Preconditions?
Beneficiary 1
Beneficiary 2
Beneficiary 3
Beneficiary 4
Beneficiary 5
Beneficiary 6

Part 4: Review and Submit
Do you have any questions, comments or other information to share regarding your Last Will and Testament, your Estate Plan or otherwise? If not, please Click Submit below.
Should be Empty:

Last Will and Testament Worksheet

Please complete the following worksheet prior to your appointment with Mr. Holowatsch. The information you provide will be used by the lawyer when drafting your last will and testament.

A copy of your submission will be provided by e-mail following your submission. If you are completing this form online, you can also save your progress and return to this form at a later time.

Part 2: Asset Information

Part 3: Estate Administration & Distribution

Executors/Trustees: