Glossary
In Wills and Powers of Attorney
Residue is what’s left of your estate after taxes, debts, specific bequests, and legacies are paid.
In Wills and Powers of Attorney
When a will or Power of Attorney is cancelled or revoked, it’s no longer valid. It’s as if you never made it. If you do certain things, your will or Power of Attorney is automatically revoked. For example, your will is revoked if you destroy it. And your Power of Attorney is revoked if you make a Notice of Revocation or a new Power of Attorney.
In Wills
A couple is separated when at least one partner decides to end their marriage or common-law relationship and starts to behave in a way that shows they want to end the relationship.
In estates law, separated married partners are treated differently than separated common-law partners.
There are rules that say when a married partner who’s separated can get property from their partner’s estate. And when they can be estate trustee if their partner named them for that role in their will.
But those rules do not apply to separated common-law partners.
In Wills and Powers of Attorney
A specific bequest is a gift of a certain piece of property, for example, a piece of jewellery or a car, or a specific bank account, to a person or organization in a will.
In Abuse and Family Violence, Health and Disability, Wills and Powers of Attorney
A substitute decision-maker (SDM) is someone who can make personal care decisions for you when you’re not mentally capable. This includes decisions about where you live, what you eat, getting dressed, washing and having a bath, and staying safe. This might be the attorney you name in your Power of Attorney for Personal Care.
The Health Care Consent Act says who can be SDMs for health-care decisions. This includes situations where a doctor finds that you’re not capable of making your own decisions about medical treatment.
In Wills and Powers of Attorney
Tenants-in-common is a way for people to own property together. When one of the tenants-in-common dies, their share goes into their estate.
In Wills and Powers of Attorney
When you make a formal will, you have to sign it in front of 2 people. These people are called witnesses. They also sign your will.
For your will to be valid, you cannot leave your witness and their married partner any property in your will.