A Health Care Directive is not the same thing as a Last Will & Testament. Health Care Directives refer to medical decisions while a Last Will & Testament refers to the inheritors of your property.
As you consider your estate planning, know that your health and assets should both be considered. You don’t need one or the other. You can and should have a Health Care Directive and a Last Will & Testament in place.
DOES A LAST WILL AND TESTAMENT NEED TO BE NOTARIZED OR FILED IN COURT?
Health Care Directives are often notarized or have a witness. Different provinces have different requirements for Health Care Directives. Check your provincial regulations or consult with an estate planning lawyer for more information.
CAN A LAST WILL AND TESTAMENT BE CHANGED OR CONTESTED?
You can amend your Last Will & Testament at any time as long as you’re not mentally incapacitated.
When it comes to contesting a Will, only what the court determines to be “interested persons” can contest it. Beneficiaries, heirs (family members), and creditors can contest a Will when necessary. For example, if they suspect fraud or the incapacity of the person who wrote the Will. Contesting a Will can be a challenging and complex ordeal so it’s important to seek legal advice if you plan to do so.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.