Epilogue’s Online Wills Now Available In Newfoundland & Labrador!
Hey Newfoundlanders, Epilogue has arrived! We’re thrilled to add Newfoundland and Labrador to the list of provinces with access to Epilogue’s simple and affordable online estate planning solution.
For anyone in this beautiful east coast province, creating a Will, Power of Attorney, and Advance Health Care Directive is now as easy as 1, 2, 3. Here’s how it works:
- Visit https://epiloguewills.com and click “Get Started”
- Complete the questionnaire
- Print and sign your documents according to the detailed signing instructions provided
And the best part? This can all be done from the comfort of home, without ever having to step foot in a lawyer’s office. Now, when are we getting screeched-in🐟??
Frequently asked questions
Estate planning can feel overwhelming, but it doesn’t have to be. Here are the answers to some of the most commonly asked questions. If you don’t see your questions answered here, feel free to contact us anytime!
What happens if I die without a Will in Newfoundland and Labrador?
When someone dies without a Will, it’s called dying “intestate.”
When someone dies intestate, they don’t get a say in important decisions like how their assets get distributed, who gets to be in charge of the process, and who will take care of any minor children.
The rules about how assets are distributed depending on the person’s family situation. Here are some of the rules that apply to someone who dies without a Will in Newfoundland:
- A spouse and no children: The spouse gets everything.
- A spouse and one child: One-half of the estate goes to the surviving spouse and the other half goes to the child.
- A spouse and more than one child: One-third of the estate goes to the surviving spouse and the rest gets split among the children.
- Children but no surviving spouse: Everything is split equally between children. If a child is not alive but has kids of their own who are alive (grandchildren of the person who died intestate), the deceased child’s portion is shared equally among them
- No living spouse or children: Everything goes to the deceased’s parents (or surviving parent, if there is only one). If the parents aren’t alive, everything gets split between the deceased’s siblings (or the children of a sibling who is not alive.)
Do I need a lawyer to make my Will in Newfoundland & Labrador?
You do not necessarily need a lawyer to make your Will in Newfoundland & Labrador.
In most cases, as long as the testator (person making the Will) is at least 17 and is “of sound mind”, they can make a legal Will. In order for a Will to be legally valid, it has to be signed in the physical presence of two witnesses. Witnesses do not need to be lawyers or notaries.
However, there are some situations where it’s a good idea to get in touch with a lawyer to make a Will, including if a person:
- Wants to exclude a spouse, child, or another dependant from their Will;
- Wants to distribute their assets unequally among their children;
- Is in a second marriage/common-law relationship but have children from a prior relationship;
- Has a family member who is receiving government disability benefits;
- Owns real estate outside the province that cannot be dealt with under a Newfoundland and Labrador Will; or
- Wants to engage in sophisticated tax planning.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (POA) is a document that authorizes someone to take over your financial affairs if you are mentally incapable of doing so yourself. It’s often a good idea to complete a POA at the same time you complete your Will to make sure you’re covered in the event of death or incapacity. Your Will and Enduring POA can be stored together.
Incapacity can be the result of many things like an accident or general cognitive decline that can occur with ageing. People should always make an Enduring POA while they are still mentally capable.
The person appointed to make decisions is called the “attorney” (even though they don’t actually have to be a lawyer). They must be at least 19 years old and mentally competent.
What is an Advance Health Care Directive?
An Advance Health Care Directive is a legal document that lets someone appoint an individual to make decisions about their personal and health care needs if they cannot make those decisions for themselves. This type of document is also referred to as a Power of Attorney for Personal Care, Personal Directive, or Living Will, depending on the province.
With Epilogue, you have the option of purchasing a Will-only package or one that includes both a Will and incapacity documents (Enduring POA and Advance Health Care Directive.)
What is a Proof of Will?
A Proof of Will (called an Affidavit of Execution in other provinces) is not a document that is required; however, it’s highly recommended.
A Proof of Will is a legal document that is signed by one of your witnesses as well as a legal professional like a lawyer or notary. It is evidence of the fact that a Will was signed correctly and the witnesses were physically present.
A Proof of Will can save a lot of time and money when it comes time for your executor to execute your Will. Every Epilogue Will comes with a free Proof of Will document!
Ready to feel peace of mind knowing you’ve protected the ones you love most? Get started today!