news&views Autumn 2018 | Page 48

Good Wills and Other Important Conversations Articles courtesy of the Edmonton Community Foundation (Reprinted from their Late Edition, with permission) A good will does many things well. It not only identifi es who is to receive gifts from your estate (‘benefi ciaries’), what each benefi ciary is to receive, and when they receive their gifts (e.g., a trust so that children receive their inheritance in stages), a good will also allows guardians to be chosen to love and care for your children. A good will appoints someone (‘personal representative’) to administer your estate. ‘Administering’ includes (but is not limited to) fi nding, protecting, and documenting what you own, fi ling the necessary court documents and tax returns, paying your debts and taxes, handling disputes that may arise, keeping your benefi ciaries updated, and distributing your estate in accordance with your wishes as outlined in your will and any laws that may aff ect those wishes. End of life care and living decisions have no place in a will. These wishes are best set out in what is called a ‘personal directive’ that appoints someone to be your agent, to speak and act on your behalf in making personal decisions like where you 48 | arta.net will live and the types of care you wish and do not wish to receive. A personal directive is diff erent from an ‘enduring power of attorney,’ which appoints someone to handle fi nancial transactions when you are not able to, either temporarily or permanently. Both of these documents are great living gifts to loved ones because they avoid the costs and delays in obtaining the court orders that are necessary if these documents do not exist. It is likely not possible for a written document to contemplate all possible scenarios and decisions that may need to be made about your care and living circumstances. This is one of the areas where it is really important to have a conversation about your wishes and values with those who might have to make these decisions. A will is also not the best place to state your burial and funeral wishes. A will is often not looked at until both the