Wills & Estates

Overview of Our
Wills & Estates Services

The services related to wills and estates at Shibley & Company help to guide people through the creation of wills, enduring powers of attorney, and personal directives. We offer a straightforward and comprehensive service that ensures the legal documents are in place to distribute clients’ assets upon death and we work to resolve any disputes that may arise from the administration of a will.

Why it's important?

Wills are legal statements declaring how you want your possessions and affairs handled upon your death. It also includes who you have chosen to be the executor of your estate and who you have chosen to be the guardian of any children that are minors. At Shibley & Company, we believe you are the best person for deciding how your estate is administered, so we offer you the tools to make informed decisions in order to reduce complications.

We can also assist you with creating enduring powers of attorney and personal directives. An enduring power of attorney document is where you give someone else the right to act on your behalf should you become incapacitated. A personal directive is a document where you give someone else the right to make health decisions on your behalf should you become incapacitated. Both the enduring power of attorney and personal directive documents become void upon your death. At Shibley & Company, we can help you navigate and understand these complicated services in order to secure your family’s future.

What we offer?

  • Wills & Estate Planning
  • Enduring Power of Attorney
  • Personal Directives
  • Applications for Probate
  • Applications for Administration

Frequently Asked Questions

WHY DO YOU NEED A WILL?

Having a will provides you certainty about how your estate and affairs are accounted for when you pass on. This includes how your assets and the guardianship of your minor children are taken care of after death. For your assets, this means you have a direct impact on how your possessions, property, and wealth are distributed. If you have minor children, it means you choose who will take guardianship of your loved ones.

Without a will, your estate will be distributed according to the Wills and Succession Act, which can potentially cause legal disputes and unwanted costly legal fees at the expense of the estate.

WHAT HAPPENS IF I DIE AND DON’T HAVE A Will?

If you pass away without a will (referred to as intestacy), your estate (assets and debts) will be dispersed according to the Wills and Succession Act. This means the court will appoint an estate administrator to look after your estate. Although the Wills and Succession Act will account for the details of the estate, it’s not uncommon for undesirable and unfair results to come out of this process.

WHY SHOULD I HAVE AN EXECUTOR IN MY WILL?

An executor is the person who has the legal authority to represent and distribute your estate. This means the appointed executor will execute your wishes set out in your will. It’s important to name an executor you know and trust who can take on the responsibilities needed to perform the role. The executor will be in charge of funeral arrangements, payments of debts, sale of properties or businesses, distribution of assets, and many other potential tasks. If an executor is not named in your will, the courts will appoint an administrator to conduct these responsibilities.

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