Breakthrough Wills and Estate Planning Series


#4 Why Legal and Moral Obligations Matter

Read my first previous post in my Breakthrough Wills and Estate Planning series, #3 Your Three Wishes – Getting What You Want.

Can you do whatever you wish with your money?

Short answer? No. Laws prevent you from doing something wrong, like ignoring someone’s legal rights.

For example, your married spouse has a legal right to share in your estate. In many circumstances, your spouse and financial dependants may be the only persons with such rights.

Each province, like Ontario, has specific property and support laws to protect married spouses. Common-law and unnamed same-sex partners, your dependants and underage children often have similar legal rights that courts can enforce.

In some cases, you may have no legal obligations to cover when planning. You may, however, want to give something back to your community, help find medical cures or leave gifts to charity. You may feel this is your moral obligation, or it may be your greatest passion in life.

Start Now

Take a moment to outline your estate goals – your three wishes. Just jot down what first pops into your mind. Don’t worry about your priorities or any specifics at this point. Here are some examples of what you might jot down:

  1. I want to stop worrying about what can happen to my family.
  2. I want to be sure my family won’t suffer if I have an accident.
  3. I want control over my own care and money if I develop health problems.

Your Three Wishes

  1. ____________________________________________
  2. ____________________________________________
  3. ____________________________________________

Your Partner’s Wishes

This is a good time for your partner (if you have one) to make their own list:

  1. ____________________________________________
  2. ____________________________________________
  3. ____________________________________________

It’s normal to have different goals from your partner.

What if your wishes conflict? Professional advice can show the two of you alternate ways to reconcile or satisfy your needs. If there is no conflict of interest, you can hire one lawyer.

Do you need help planning? Want to start but not sure how? I can help you. Contact me for a meeting.

Stay tuned for the next post in my Breakthrough Wills and Estate Planning Series, #5 Your Goals for Specific Properties.

I am a Certified Specialist in Estates and Trusts Law.