Month: June 2025

What Most Wills Miss!

Nancy Boisvert Estate Planning , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
will, personal effects on a desk or table top

What Turns a Legal Document Into a True Legacy?

Do you know what most wills miss? When people think of creating a will, they often breathe a sigh of relief once the legal paperwork is signed. After all, that piece of paper tells everyone who gets what, right?

Well… yes and no.

A will is a legal document. It handles the basics of your estate: who gets your property, who will care for your minor children, and who’s in charge of settling your affairs. But when we look closer at what most wills miss, it becomes clear: a will alone doesn’t fully reflect the life you’ve lived or the legacy you want to leave.

Let’s explore what’s missing from a will, and how a complete legacy plan can fill the gaps, capturing both your values and your assets.

The Legal vs. the Personal

Most wills are transactional. They transfer ownership of things: a house, bank accounts, jewelry, and maybe a few heirlooms. But your life is not just a collection of items. It’s also your values, relationships, stories, intentions, and lessons learned.

Without a more holistic view, one that goes beyond the will, many families are left with:

  • Unclear guidance about how to handle emotionally sensitive items
  • Confusion about digital assets like photos, email, or online accounts
  • Disagreements over items with more sentimental value than financial worth
  • No written guidance around long-term caregiving wishes or family responsibilities

Even with a will in place, these issues can create unnecessary tension or delay during estate administration.

What a Will Typically Covers

Let’s start with what a standard will includes:

  • Designation of beneficiaries for your physical and financial assets
  • Appointment of an executor to carry out your wishes
  • Guardianship instructions for minor or dependent children
  • Basic instructions on how debts, taxes, and expenses should be handled

This is the legal foundation. But without a legacy planning strategy in place, your loved ones may still feel lost, left to interpret decisions without your voice or guidance.

7 Critical Elements Most Wills Don’t Address

To create a legacy that reflects your full life, not just your legal obligations, consider these often-overlooked components:

1. Values and Life Lessons

Have you told your family what mattered most to you in life? A legacy letter or ethical will is a non-legal document that expresses your beliefs, values, hopes, and life lessons. It doesn’t direct assets—it shares meaning.

One thoughtful way to do this is with a Digital Memory Legacy Book, a guided collection of your stories, reflections, and messages that future generations can hold onto.
Learn more about the Digital Memory Legacy Book

This non-financial legacy may become the most cherished part of what you leave behind.

2. Digital Footprint

Most wills don’t cover digital assets like:

  • Passwords and online banking
  • Social media accounts
  • Cloud storage (photos, documents, etc.)
  • Crypto or digital wallets

A complete legacy plan includes a digital asset inventory and instructions. Otherwise, your digital life could be locked away, or worse, misused.

3. Caregiving and Aging Wishes

A will doesn’t explain how you want to live if you require assistance later in life. That’s where lifestyle and legacy planning come in; documenting preferences for aging in place, caregiving roles, housing transitions, and more.

This proactive layer of planning is essential in today’s aging population and deserves to sit alongside your legal documents.

4. Personal Items with Emotional Weight

Grandpa’s watch. Mom’s recipe box. A family photo album. These often become the biggest sources of conflict because their value isn’t financial, it’s personal.

A personal property distribution list, included in your estate planning checklist, can eliminate confusion and emotional tension.

5. Pet Care Plans

Did you know that legally your pet is “property”? But we know that your pet is more than property. They’re family. While a will might name a caregiver, it rarely includes the day-to-day details that make your pet feel safe and loved. A complete legacy plan outlines routines, dietary needs, medications, and vet contacts, giving your pet a smooth transition and your loved ones peace of mind.

This kind of planning is especially important if you live alone or have loved ones who may not know your pet’s needs firsthand.

6. Instructions for Celebrations or Ceremonies

Your end-of-life wishes deserve to be known, whether it’s a traditional funeral, memorial celebration, or something deeply personal.

Without written preferences, families often default to what feels safest, not what feels right.

7. Who Helps Your Executor?

Even with a clear will, most executors are unprepared for the detailed, time-consuming nature of estate administration.

That’s where NEXsteps can help. Our services provide step-by-step support to guide executors through the legal, financial, and emotional complexities of the role.

Your executor shouldn’t have to figure it all out alone.

The Complete Legacy Planning Checklist

Want to ensure nothing is missed? Use this simplified estate planning checklist as a guide:

✔️ Legal Will (current and signed)
✔️ Power of Attorney (financial)
✔️ Personal Directive (health care)
✔️ Guardianship documents
✔️ Legacy Letter or Ethical Will
✔️ Digital Asset Inventory & Instructions
✔️ Caregiving Preferences & Housing Plan
✔️ Personal Property Distribution List
✔️ Pet Care Plan
✔️ Funeral/Memorial Wishes
✔️ Executor Roadmap & Support Contacts
✔️ Updated Contact List of Key People
✔️ Document Organizer or Master Binder

A Will Tells Them What. A Legacy Plan Tells Them Why.

What most wills miss isn’t due to neglect, it’s simply because most people don’t realize how much more they can and should include.

Think of your will as the skeleton of your final wishes. A full legacy plan adds the heart, capturing your health preferences, financial values, and personal intentions.

If you’re ready to go beyond the basics and build a legacy that truly reflects your life, reach out to begin your personalized Legacy and Lifestyle Plan.

It’s not just about what you leave behind. It’s about making sure it lands with clarity, compassion, and meaning.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

The Power of Purpose

Nancy Boisvert Aging and Life Transitions , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
man's hands typing on a laptop with the words "the next chapter begins"

Purpose Doesn’t Retire: Stories of Second Acts and Lasting Impact

What is the power of purpose? Well, some stories don’t need to be told. They simply need to be seen.

For years, on my daily walks, I would pass a man pushing his wife in her wheelchair through the neighbourhood. Their presence was quiet but powerful. Rain or shine, they walked. A couple so clearly connected, not just by marriage, but by shared purpose. It was a love story in motion. One of care, consistency, and deep mutual respect.

Then one day, I didn’t see them.  The days turned into weeks.

I later learned his wife had passed, as I had expected. Even though we’d only ever shared smiles and brief conversation, their daily ritual had become a meaningful part of the community’s rhythm. Their absence was noticeable.

Time passed. And then, just recently, I saw him again, but this time, with someone else in a wheelchair. He was volunteering. Taking other individuals out for walks, just like he had done with his wife for all those years. Still walking the same route, but now with a new kind of intention.

This beautiful transformation, from caregiver to community companion, is a reminder that legacy isn’t just about what we leave behind. It’s about how we choose to show up, even when the chapter we once lived in has come to a close.

If you missed it, I originally shared his story here in a video and article that reflected on love, community, and daily devotion. It’s even more powerful now, seeing how that devotion continues in a new form.

The Second Act: From Code to Creativity

What links his story to another I hold close is simple: purpose doesn’t retire. It shifts and often resurfaces in new ways.

My brother spent decades in the tech industry. His days were filled with systems, servers, and structure. He worked hard, built a respected career, and, like many, didn’t always have time to pursue the things he loved outside of work.

But when he retired, he reinvented.

He turned to a passion he had shelved for years: writing. Not technical manuals or business articles, but fiction. He’s now the author of three novels, hopefully with more in the works. He went from working with logic to crafting imagination. From digital networks to character-driven narratives.

And the best part? His books aren’t just side projects. They’re real, published works, available in print and as audiobooks. He didn’t just find a hobby; he embraced a calling.

You can explore his novels and audiobooks at his author website—a creative leap that reminds us it’s never too late to do what you love.

What’s inspiring about his story, and the man from my walk, is that neither saw their “ending” as an end. They saw it as a new opportunity.

Why These Stories Matter

Too often, people retire without direction. Or they lose a spouse and feel adrift. These are moments of identity loss, but also opportunities for identity rediscovery.

Purpose doesn’t have to be grand. It can be as simple as taking someone for a walk, or writing the story that’s been sitting inside you for years. What matters is the intention.

Aging with Intention, Living with Impact

At NEXsteps, we help individuals and families plan for the aging journey, not just in legal terms, but in lifestyle terms. That means talking about wills and powers of attorney, yes. But it also means exploring the questions that don’t appear on a legal checklist:

  • What brings you joy?
  • How will you stay connected when work and caregiving roles fall away?
  • What passions are waiting quietly in the wings?
  • What kind of legacy do you want to live, not just leave?

These are just as important as wills, powers of attorney, or healthcare directives. We tend to plan financially for retirement. But we don’t always plan for what gives life meaning and what legacy means beyond money.

Legacy Isn’t What You Leave. It’s What You Build Now

Legacy isn’t just about what we leave behind when we die. It’s about the choices we make while we’re alive. Choices that shape how we love, how we show up, and how we spend our time when the calendar is suddenly ours again.  And what memories you have left behind.

If you’re preparing for retirement, walking through grief, or simply wondering what your “next” might be, I’d love to help you think it through. Because purpose doesn’t retire. And your next chapter might be the one that leaves the most lasting impact of all.

Learn more at NEXsteps.ca, or reach out for a conversation about legacy, lifestyle planning, or meaningful transitions.

Let’s Plan for the Life You’re Still Living. Remember: your second act may be your most meaningful.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

Wills by Zoom? How Ontario’s Probate Reforms Could Impact You

Nancy Boisvert Executor and Estate Administration , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Wills by Zoom? How Ontario’s Probate Reforms Could Impact You

Adapting Your Estate Plan: Navigating Ontario’s 2025 Probate Reforms

Estate planning is not a one-and-done task. It’s a living process that must evolve alongside your life, your relationships, and the law. In 2025, Ontario introduced a series of probate law reforms that significantly reshape how wills and estate documents are created, interpreted, and enforced. These changes are more than legal housekeeping. They’re a signal to revisit and, if necessary, revise your estate planning documents.

Here’s what you need to know, and why it matters beyond Ontario’s borders.

Key Changes in Ontario’s Probate Legislation

Virtual Witnessing of Wills and Powers of Attorney Made Permanent

What began as a temporary pandemic response has now been cemented into law. Wills and Powers of Attorney (POAs) can be signed and witnessed virtually in Ontario, provided certain safeguards are met:

  • The signing must happen in real time via audiovisual technology.
  • At least one of the witnesses must be a licensed Ontario lawyer or paralegal.
  • Counterpart copies can be used and compiled as one complete document.

Why it matters: This update improves access for individuals in remote areas, those with mobility challenges, or anyone for whom in-person meetings are difficult. While other provinces, such as British Columbia and Alberta, allowed similar temporary measures during the pandemic, Ontario is among the first to formalize this option. Expect other jurisdictions to watch closely or follow suit.

Marriage No Longer Revokes a Will

Historically, Ontario followed a common-law principle: marriage automatically revoked any existing will unless the will was made in contemplation of that marriage. This rule often resulted in people unintentionally dying intestate, particularly in cases of second marriages or blended families.

As of 2025, this is no longer the case. Wills now remain valid after marriage unless the individual actively revokes or updates them.

Why it matters: This brings Ontario in line with several other provinces (including Alberta and British Columbia), where marriage does not void an existing will. It reduces the risk of accidental intestacy, but it also reinforces the importance of proactive planning. If you’ve recently married or remarried, your estate plan should be reviewed, not because the law demands it, but because your intentions might have changed.

New Rules for Separated Spouses

Previously, spouses who were separated but not legally divorced often retained inheritance rights under Ontario’s Succession Law Reform Act. This led to unintended outcomes and, in some cases, significant family disputes.

Now, if spouses have been separated for at least three years, or have a formal separation agreement or court order, they are treated similarly to divorced spouses. Their automatic entitlements under a will or intestacy are revoked.

Why it matters: This shift better reflects modern family structures and provides greater clarity around spousal entitlements. Provinces such as British Columbia and Saskatchewan have also made strides in redefining estate rights for separated spouses, signalling a national trend toward clearer boundaries in estate law.

Court Authority to Validate ‘Imperfect’ Wills

Ontario courts now have the discretion to validate wills that don’t meet strict formalities, as long as there is sufficient evidence that the deceased intended the document to serve as their will. This includes documents with missing witness signatures, unsigned drafts, or even digital notes in some cases.

This is commonly referred to as the “substantial compliance” rule and aligns Ontario with provinces like British Columbia and Alberta, where similar provisions have been in place for several years.

Why it matters: This provides a safety net when technical missteps occur but it’s not an excuse for sloppy drafting. A will that’s been professionally prepared, properly signed, and safely stored is still the gold standard. This reform simply gives the court more flexibility when the intent is clear but the form is flawed.

Implications for Ontarians, and Beyond

These probate reforms offer more than technical updates. They represent a modern, flexible, and more realistic approach to estate planning. But they also come with new expectations. With increased flexibility comes greater responsibility to ensure documents are up-to-date, clearly written, and properly executed.

Even if you don’t live in Ontario, these changes are part of a broader shift happening across Canada. Other provinces are actively exploring or adopting similar updates, particularly around:

  • Digital and remote execution of documents
  • Recognition of digital wills
  • Fair treatment of separated and blended families
  • Court discretion in recognizing testamentary intent

If you’re living in a different province, it’s still worth reviewing your plan to ensure that your documents reflect your current wishes and meet your local requirements.

A Legacy Worth Protecting

Estate planning isn’t just about paperwork. It’s about protecting your people, preserving your values, and avoiding unnecessary conflict down the road. Legal probate reforms like those introduced in Ontario in 2025 are reminders that life changes, laws evolve, and your estate plan must keep up.

At NEXsteps, we support individuals and families through all stages of the estate process, from planning and preparing to administering and settling. As a Certified Executor Advisor, I work alongside legal and financial professionals to help ensure your estate strategy is complete, current, and legally sound.

Whether you’re updating a will, responding to a life event, or just want to be sure you’re not leaving a mess behind, let’s talk. Your legacy is worth protecting.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

What Happens If You Never Adapt Your Estate Plan?

Nancy Boisvert Estate Planning , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
What Happens If You Never Adapt Your Estate Plan?

Adapt Your Estate Plan: Protect What Matters Most

From changing tax laws to evolving family dynamics, adapting your estate plan ensures it still reflects your values and your wishes.

Why do you need to adapt your estate plan? Most people create an estate plan with good intentions—often during a major life milestone like marriage, retirement, or after the birth of a child. But many never revisit those documents. Years, or even decades, can pass, and while life changes, their estate plan doesn’t.

That’s a problem.

When your will, powers of attorney, or trust arrangements no longer reflect your current relationships, financial situation, or the law, it can lead to unnecessary taxes, confusion, and family conflict. Adapting your estate plan as life evolves isn’t just a good idea. It’s essential to protecting the legacy you’ve worked hard to build.

Why It’s Crucial to Adapt Your Estate Plan

Your estate plan is a snapshot in time of your relationships, your financial position, and your values. But as we all know, life doesn’t stand still. Marriage, divorce, the arrival of grandchildren, or a significant change in your assets can render portions of your plan outdated or irrelevant.

Outdated documents can also create confusion for executors, spark disputes among beneficiaries, or result in higher tax liabilities than necessary. That’s why regular reviews are not just recommended, they’re essential.

Key Moments to Revisit Your Estate Plan:

  • Marriage, divorce, or common-law relationship changes
  • Birth or adoption of children or grandchildren
  • Changes in residency (especially between provinces)
  • The death or incapacity of an executor or beneficiary
  • Business sales or significant asset acquisitions
  • Shifts in tax law or government policy
  • Sale or purchase of significant assets

Even if none of these events have occurred, it is wise to review your plan every 3–5 years. Laws shift, especially around taxation and trusts. Your family’s needs and relationships may change more subtly but just as meaningfully.

Real-Life Example: The Outdated Trust That Backfired

Paul, a small business owner in Saskatchewan, created a will in 2011 that included a testamentary trust for his two teenage sons. At the time, this structure allowed the estate to benefit from graduated tax rates, minimizing the tax burden on their inheritance.

But in 2016, federal tax rules changed. Testamentary trusts, except those classified as Graduated Rate Estates within the first 36 months, became subject to the top marginal tax rate. Paul never updated his plan or sought advice. When he died in 2021, the trust remained in place, but it no longer offered the tax advantage it once had.

The outcome? Thousands more in taxes were paid, and the complexity of administering the trust caused delays. A simple review and adjustment could have made a significant difference.

Tax Trends That Could Affect Your Plan

While Canada doesn’t levy a traditional estate or inheritance tax, death can still trigger major tax events. Upon death, most assets are considered “disposed of” at their fair market value, a process known as deemed disposition. This can lead to capital gains taxes on:

  • Secondary properties (e.g., cottages or investment real estate)
  • Non-registered investment portfolios
  • Business shares or private investments

Registered assets like RRSPs and RRIFs are also fully taxable unless rolled over to a spouse or financially dependent child. And while the capital gains inclusion rate remained at 50% between 2009 and 2025, tax laws do shift. For example, as shown in Paul’s story above, testamentary trust rules were overhauled in 2016. Keeping your plan current ensures you (and your estate) aren’t caught off guard.

Family Dynamics: One Size No Longer Fits All

The “nuclear family” model no longer applies to many Canadians. Today’s families are blended, diverse, and often complex. That means your estate plan needs to be more intentional than ever.

  • Common-law relationships are not always recognized in the same way as marriages, depending on the province.
  • Children from previous marriages can be unintentionally left out if a will is not carefully worded.
  • Estranged or dependent adult children may need special provisions—or clear exclusions to avoid legal disputes.
  • Loved ones with disabilities might benefit more from a trust than a direct inheritance.

Being clear and specific in your documents and reviewing them regularly can save your family heartache and legal expense later on.

Tips for Keeping Your Plan Aligned With Your Life

  1. Schedule a review every 3–5 years, or immediately after a major life event.
  2. Consult a tax advisor annually—especially after federal budgets or new legislation is introduced.
  3. Use trusts or planning tools strategically, especially for privacy, tax deferral, or family protection.
  4. Keep executor and beneficiary designations current, including on registered accounts, pensions and insurance.
  5. Use professionals strategically, including estate lawyers, tax advisors, and Certified Executor Advisors, to ensure your plan works in practice, not just on paper.
  6. Communicate your wishes—don’t leave your executor and family guessing.

A Legacy Worth Protecting

An estate plan is more than paperwork. It’s the legal expression of your wishes, your care for others, and the legacy you want to leave behind. But even the best plan can become outdated without attention. Changing tax laws, evolving relationships, or forgotten details can undo years of thoughtful preparation.

At NEXsteps, we help individuals and families adapt their estate plans so they stay aligned with real-life circumstances—not just legal requirements. As a Certified Executor Advisor, I bring practical, compassionate guidance to every conversation, whether you’re updating a will, preparing as an executor, or navigating the complexities of estate administration.

Because protecting what matters most starts with keeping your plan alive, not just legal. Reach out or book your consultation for compassionate, knowledgeable support.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

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