Will Instructions Questionnaire (16:App A): Difference between revisions
Desy Wahyuni (talk | contribs) No edit summary |
No edit summary |
||
(21 intermediate revisions by 5 users not shown) | |||
Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= August 22, 2024}} | |||
{{LSLAP Manual TOC|expanded = wills}} | {{LSLAP Manual TOC|expanded = wills}} | ||
The following document is a questionnaire that is a useful guide for gathering the necessary information of a client for constructing a will. | |||
{{LSLAP Appendix PDF | {{LSLAP Appendix PDF | ||
| | | FileURL = media:LSLAP 16 App A Will Instructions Questionnaire.pdf | ||
| PermaCC = https://perma.cc/AU62-WB93 | |||
}} | }} | ||
== Part I – Client Information == | |||
=== Information about the Will-maker: === | |||
Name (full):<BR> | |||
Alias:<BR> | |||
Address:<BR> | |||
Occupation (if retired, ask for former occupations):<BR> | |||
Date of birth:<BR> | |||
Place of birth (city/province/country):<BR> | |||
Relationship status – single, engaged, married, separated, divorced, widowed, cohabiting (including plans to marry):<BR> | |||
Citizenship – Canadian or registered Indian as defined in the ''Indian Act'':<BR> | |||
Telephone no:<BR> | |||
Fax no:<BR> | |||
E-mail address:<BR> | |||
=== Information about the Spouse or Partner: === | |||
Name (full):<BR> | |||
Alias:<BR> | |||
Address:<BR> | |||
Occupation (if retired, ask for former occupations):<BR> | |||
Date of birth:<BR> | |||
Place of birth (city/province/country):<BR> | |||
Relationship status – single, engaged, married, separated, divorced, widowed, cohabiting (including plans to marry):<BR> | |||
Citizenship – Canadian or registered Indian as defined in the ''Indian Act'':<BR> | |||
Telephone no:<BR> | |||
Fax no:<BR> | |||
E-mail address:<BR> | |||
=== Will-maker’s Current Marital Status: === | |||
Date of marriage:<BR> | |||
Place of marriage:<BR> | |||
Place of residence when will-maker was married:<BR> | |||
Has a marriage agreement been signed?<BR> | |||
Has the Will-maker provided LSLAP with a copy?<BR> | |||
Has a separation agreement been signed?<BR> | |||
Has the Will-maker provided LSLAP with a copy?<BR> | |||
Has any family law proceeding taken place or been commenced?<BR> | |||
=== Prior Marriages: === | |||
Has the Will-maker been previously married?<BR> | |||
If so, name(s) of former spouse(s):<BR> | |||
Is the Will-maker required to pay maintenance to children or former spouse?<BR> | |||
=== Other Personal Relations: === | |||
Is the Will-maker currently cohabiting with someone and is unmarried?<BR> | |||
Is the Will-maker currently cohabiting with someone other than the spouse named above?<BR> | |||
Name of the cohabitant:<BR> | |||
Has the Will-maker signed a cohabitation agreement?<BR> | |||
Has the Will-maker provided LSLAP with a copy of the cohabitation agreement?<BR> | |||
Has the Will-maker ceased cohabiting with someone with whom s/he cohabited for two years or more?<BR> | |||
=== Children: === | |||
Ask the Will-maker about their children’s full name, date of birth, place of residence (i.e. whether they live with the Will-maker), birth status (i.e. biological child? born outside of wedlock? adopted? from which partner? born with a disability?), and current status (i.e. living or deceased?):<BR> | |||
=== Next-of-Kin: === | |||
If the Will-maker does not have a spouse or child, ask about the Will-maker’s closest relatives – parents, siblings, nieces or nephews, etc. – and their full name, age, and address:<BR> | |||
=== Other Dependents: === | |||
Ask the Will-maker if they have someone dependent on them for financial support for whom the Will-maker wish to provide – such as an elderly parent – and their full name, age, and address:<BR> | |||
=== Other Responsibilities: === | |||
Ask if the Will-maker is currently: | |||
* serving as the legal guardian for a person under the age of 19 (other than the Will-maker’s own children); | |||
* serving as the committee or other legal guardian for a disabled or incapacitated adult; and | |||
* serving as Executor of an estate of a deceased. | |||
::''If the Will-maker is serving as an Executor for another, the terms of the will may provide for an alternative Executor on the death of the Will-maker or provide no alternate. In the latter case, the Will-maker’s appointed Executor of the Will-maker’s will would take over the Will-maker’s role as Executor of the other deceased. The Will-maker may, therefore, wish to appoint two Executors: one as Executor of their own estate and the other to take over the executorship of the previous will.'' | |||
== Part 2 – Financial Information == | |||
::''LSLAP can only assist clients whose estate consists of personal properties and does not include real properties and business interests such as proprietorships and partnerships.'' | |||
::''LSLAP cannot advise clients with the disposition of foreign assets.'' | |||
=== Financial and Personal Assets: === | |||
Bank accounts & term deposits:<BR> | |||
Securities/bonds/shares:<BR> | |||
Life insurance:<BR> | |||
Pension plans & annuities:<BR> | |||
RRSPs & RRIFs:<BR> | |||
TFSAs:<BR> | |||
Collectibles & other valuables:<BR> | |||
Personal effects (e.g. furniture, automobiles, boats, etc.):<BR> | |||
Other substantial assets (e.g. promissory notes, valuable club memberships, etc.):<BR> | |||
=== Liabilities: === | |||
Inquire about the details of the Will-maker’s loans payable, guarantees, indemnities, and other debts: | |||
{| class="wikitable" | |||
|+ Estimated Net Value of Estate | |||
|- | |||
! !! Will-maker’s name !! Partner’s name !! Joint names | |||
|- | |||
| Total assets || || || | |||
|- | |||
| Less – total debts || || || | |||
|- | |||
| Total value of estate, before tax || || || | |||
|} | |||
== Part 3 – Will Instructions == | |||
=== Information about the Primary Executor: === | |||
Name (full):<BR> | |||
Alias:<BR> | |||
Address:<BR> | |||
Occupation (if retired, ask for former occupations):<BR> | |||
Relationship to Will-maker:<BR> | |||
=== Information about the Alternate Executor: === | |||
Name (full):<BR> | |||
Alias:<BR> | |||
Address:<BR> | |||
Occupation (if retired, ask for former occupations):<BR> | |||
Relationship to Will-maker:<BR> | |||
=== Appointment of Guardian(s) for Infant Children (i.e. under 19): === | |||
==== Primary Guardian: ==== | |||
Name (full):<BR> | |||
Alias:<BR> | |||
Address:<BR> | |||
Occupation (if retired, ask for former occupations):<BR> | |||
Relationship to Will-maker:<BR> | |||
==== Alternate Guardian: ==== | |||
Name (full):<BR> | |||
Alias:<BR> | |||
Address:<BR> | |||
Occupation (if retired, ask for former occupations):<BR> | |||
Relationship to Will-maker:<BR> | |||
{| class="wikitable" | |||
|+ Specific Bequests of Personal Effects | |||
|- | |||
! Full name of the beneficiary !! Address !! Relationship to Will-maker !! Description of item | |||
|- | |||
| _ || || || | |||
|- | |||
| _ || || || | |||
|- | |||
| _ || || || | |||
|} | |||
{| class="wikitable" | |||
|+ Specific Bequests of Cash Legacies | |||
|- | |||
! Full name of the beneficiary !! Address !! Relationship to Will-maker !! Amount | |||
|- | |||
| _ || || || | |||
|- | |||
| _ || || || | |||
|- | |||
| _ || || || | |||
|} | |||
{| class="wikitable" | |||
|+ Charitable Gifts | |||
|- | |||
! Name of charity !! Address !! Cash amount/specific assets | |||
|- | |||
| _ || || | |||
|- | |||
| _ || || | |||
|- | |||
| _ || || | |||
|} | |||
{| class="wikitable" | |||
|+ Residue of Will-maker’s Estate | |||
|- | |||
! Full name of the beneficiary !! Address !! Relationship to Will-maker !! Amount/Portion of residue | |||
|- | |||
| _ || || || | |||
|- | |||
| _ || || || | |||
|- | |||
| _ || || || | |||
|} | |||
==== “Clean-up” Clauses: ==== | |||
'''If the Executor needs to invest the estate''', the restriction the Will-maker would like to place on the Executor is: | |||
* Unrestricted (any investment the Executor thinks is appropriate): | |||
* Restricted, the restrictions being: | |||
'''If minors are to receive gifts''', the trustee and their name, address, and relationship to child are: | |||
The age the child can receive the gift absolutely is: | |||
Can money be used for the benefit of the child (e.g. education) before they become entitled absolutely? | |||
Other limitations: | |||
If a child fails to survive to above age, the gift/share is to be: | |||
==== What is to be done with the Will-maker’s remains? ==== | |||
{{LSLAP Manual Navbox|type=chapters15-23}} |
Latest revision as of 17:09, 23 August 2024
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 22, 2024. |
The following document is a questionnaire that is a useful guide for gathering the necessary information of a client for constructing a will.
This appendix is available on Clicklaw Wikibooks for download in PDF. A permanent archive version is also available at https://perma.cc/AU62-WB93 |
Part I – Client Information
Information about the Will-maker:
Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Date of birth:
Place of birth (city/province/country):
Relationship status – single, engaged, married, separated, divorced, widowed, cohabiting (including plans to marry):
Citizenship – Canadian or registered Indian as defined in the Indian Act:
Telephone no:
Fax no:
E-mail address:
Information about the Spouse or Partner:
Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Date of birth:
Place of birth (city/province/country):
Relationship status – single, engaged, married, separated, divorced, widowed, cohabiting (including plans to marry):
Citizenship – Canadian or registered Indian as defined in the Indian Act:
Telephone no:
Fax no:
E-mail address:
Will-maker’s Current Marital Status:
Date of marriage:
Place of marriage:
Place of residence when will-maker was married:
Has a marriage agreement been signed?
Has the Will-maker provided LSLAP with a copy?
Has a separation agreement been signed?
Has the Will-maker provided LSLAP with a copy?
Has any family law proceeding taken place or been commenced?
Prior Marriages:
Has the Will-maker been previously married?
If so, name(s) of former spouse(s):
Is the Will-maker required to pay maintenance to children or former spouse?
Other Personal Relations:
Is the Will-maker currently cohabiting with someone and is unmarried?
Is the Will-maker currently cohabiting with someone other than the spouse named above?
Name of the cohabitant:
Has the Will-maker signed a cohabitation agreement?
Has the Will-maker provided LSLAP with a copy of the cohabitation agreement?
Has the Will-maker ceased cohabiting with someone with whom s/he cohabited for two years or more?
Children:
Ask the Will-maker about their children’s full name, date of birth, place of residence (i.e. whether they live with the Will-maker), birth status (i.e. biological child? born outside of wedlock? adopted? from which partner? born with a disability?), and current status (i.e. living or deceased?):
Next-of-Kin:
If the Will-maker does not have a spouse or child, ask about the Will-maker’s closest relatives – parents, siblings, nieces or nephews, etc. – and their full name, age, and address:
Other Dependents:
Ask the Will-maker if they have someone dependent on them for financial support for whom the Will-maker wish to provide – such as an elderly parent – and their full name, age, and address:
Other Responsibilities:
Ask if the Will-maker is currently:
- serving as the legal guardian for a person under the age of 19 (other than the Will-maker’s own children);
- serving as the committee or other legal guardian for a disabled or incapacitated adult; and
- serving as Executor of an estate of a deceased.
- If the Will-maker is serving as an Executor for another, the terms of the will may provide for an alternative Executor on the death of the Will-maker or provide no alternate. In the latter case, the Will-maker’s appointed Executor of the Will-maker’s will would take over the Will-maker’s role as Executor of the other deceased. The Will-maker may, therefore, wish to appoint two Executors: one as Executor of their own estate and the other to take over the executorship of the previous will.
Part 2 – Financial Information
- LSLAP can only assist clients whose estate consists of personal properties and does not include real properties and business interests such as proprietorships and partnerships.
- LSLAP cannot advise clients with the disposition of foreign assets.
Financial and Personal Assets:
Bank accounts & term deposits:
Securities/bonds/shares:
Life insurance:
Pension plans & annuities:
RRSPs & RRIFs:
TFSAs:
Collectibles & other valuables:
Personal effects (e.g. furniture, automobiles, boats, etc.):
Other substantial assets (e.g. promissory notes, valuable club memberships, etc.):
Liabilities:
Inquire about the details of the Will-maker’s loans payable, guarantees, indemnities, and other debts:
Will-maker’s name | Partner’s name | Joint names | |
---|---|---|---|
Total assets | |||
Less – total debts | |||
Total value of estate, before tax |
Part 3 – Will Instructions
Information about the Primary Executor:
Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:
Information about the Alternate Executor:
Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:
Appointment of Guardian(s) for Infant Children (i.e. under 19):
Primary Guardian:
Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:
Alternate Guardian:
Name (full):
Alias:
Address:
Occupation (if retired, ask for former occupations):
Relationship to Will-maker:
Full name of the beneficiary | Address | Relationship to Will-maker | Description of item |
---|---|---|---|
_ | |||
_ | |||
_ |
Full name of the beneficiary | Address | Relationship to Will-maker | Amount |
---|---|---|---|
_ | |||
_ | |||
_ |
Name of charity | Address | Cash amount/specific assets |
---|---|---|
_ | ||
_ | ||
_ |
Full name of the beneficiary | Address | Relationship to Will-maker | Amount/Portion of residue |
---|---|---|---|
_ | |||
_ | |||
_ |
“Clean-up” Clauses:
If the Executor needs to invest the estate, the restriction the Will-maker would like to place on the Executor is:
- Unrestricted (any investment the Executor thinks is appropriate):
- Restricted, the restrictions being:
If minors are to receive gifts, the trustee and their name, address, and relationship to child are:
The age the child can receive the gift absolutely is:
Can money be used for the benefit of the child (e.g. education) before they become entitled absolutely?
Other limitations:
If a child fails to survive to above age, the gift/share is to be:
What is to be done with the Will-maker’s remains?
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society. |