Dying Intestate

We were asked to attend a patient in the Emergency Department on New Years Day. She had become unexpectedly & suddenly very, very ill with a life-threatening complication of cancer and was not expected to survive. Her cancer had been diagnosed several months prior and was growing despite surgery, chemotherapy and radiation treatments. It became clear from reading the medical record, discussions about end-of-life issues were often postponed at the patient's request. When pressed (gently & respectfully) she gave us permission to call her good friend whom she had thought of asking to assume the role of executor. Her friend arrived discombobulated, breathless and holding back tears, rising to the task of collecting details & hastily preparing a Will with the help of a social worker. I would not want to spend my last moments on earth in this way. 

Sudden, fatal illness will take some people much sooner than anyone could have predicted. If one dies without a Will in Canada, they are considered to have died ‘intestate’: This means the provincial government decides how your assets will be divided - not you. Intentions you may have had for distributing your assets (estate) are not taken into account. There could be many repercussions, for instance a common-law spouse left out of the process entirely or additional legal costs for beneficiaries, not to mention the possibility of quarrelsome litigation for “would be” heirs.  Whereas when you die with a valid will, the person you appointed as your executor pays your taxes, settles debt, then distributes the remaining assets according to your expressed wishes. Everyone with assets of value (home, investments, pension, RRSPs) needs a will. There are some resources listed on the right panel of this blog and many more to be found on the Internet. Your lawyer can help and for very little money, there is a National Will Kit to guide self-preparation of a will. Some tasks that will spare family & friends unnecessary grief:

• Appoint an executor (spouse, reliable family member, friend) and an alternate.
• Appoint a Power of Attorney for property (this allows someone to handle your affairs should you become incapable, for example, a coma) and for personal care.  If you appoint two or more persons to have your Power of Attorney for Personal Care, appoint them jointly.
• Make your wishes regarding organ donation known.
• Make your wishes for burial or cremation known.
• Appoint a guardian for children. Specify the age of inheritance. Prepare a list of information about your child/ren, such as medical details, medication, education, daily routine, and preferences.  Update as needed.
• Outline how assets are to be divided amongst the chosen heirs (spouse, children, relatives, friends), including charities and/or churches. Decide on specific bequests, either of property (such as a painting) or money to certain children, relatives, or friends. Create a simple list identifying personal items, describing each item and stating to whom it is to be left.

This patient had a superstitious fear of preparing her will and appointing a power of attorney.  She was an educated woman who wanted to minimize suffering and anguish for her friends and family. Making a will is a useful, practical chore, the larger issue here is that people who are dying are still living and for some, facing death while you are living is very difficult.