Essential Estate Documents Every Person Should Have

Most people in Nova Scotia have none of the three essential estate documents. Most also know, somewhere in the back of their minds, that they probably should. This article explains what the three documents are, what each one does, and why all three are needed — not just one.

The Three Documents

1. Legal Will

A Will governs what happens to your property after your death. Without one, Nova Scotia's Intestate Succession Act decides — and the result may be very different from your wishes. A common-law partner inherits nothing. Your estate cannot make specific gifts to friends, charities, or particular family members. You cannot name a guardian for your minor children. The court appoints an administrator rather than the person you would choose.

A Will addresses all of this. It costs $395 through this service and takes one hour.

2. Enduring Power of Attorney

A Power of Attorney governs who manages your finances and property if you become incapacitated while still alive. Without one, your family has no legal authority to access your accounts, pay your bills, or deal with your property — even in an emergency. The alternative is a court-ordered guardianship process that is slow, expensive, and emotionally difficult.

An Enduring Power of Attorney must be signed while you still have capacity. A medical event can eliminate that option without warning.

3. Personal Directive

A Personal Directive governs who makes healthcare decisions on your behalf if you cannot make them yourself. Without one, healthcare providers must work through a legal substitute decision-maker hierarchy — a process that can leave your family uncertain about their authority and your doctors uncertain about who to listen to.

Like a Power of Attorney, a Personal Directive must be signed while you have capacity.

Why All Three?

Each document addresses a different situation:

• Will — after you die
• Power of Attorney — during incapacity (financial decisions)
• Personal Directive — during incapacity (healthcare decisions)

Having only a Will leaves you unprotected during incapacity. Having only a Power of Attorney leaves your estate plan unwritten. All three together provide complete coverage.