Living Solo? Who Will Speak for You?

Living Solo? Who Will Speak for You?

What You Need To Know If You’re Living Solo

Thoughtful planning for those navigating life independently

Living without a spouse, children, or nearby family is increasingly common—but that doesn’t mean you have to navigate the future alone. In fact, people who are living solo often benefit the most from intentional, personalized planning.

Whether you’ve never had children, are widowed or divorced, or your trusted circle lives far away, the key question becomes:
If something happened tomorrow, who would speak for you?

As a Certified Executor Advisor, I work with individuals who want to protect their autonomy, make informed decisions, and feel confident that their voice will be heard—even if they’re unable to speak for themselves one day. This article will give you insight on how to start.

What It Means to Live Solo and Plan Proactively

Being independent doesn’t mean being unprepared. If you don’t have family to rely on—or don’t want to rely on them—your support system and decision-making framework may look a little different.

Proactive planning ensures that your values, preferences, and goals are respected. And when no immediate family is in the picture, it’s even more important to formalize your wishes and designate people you trust.

Who Will Act on Your Behalf—If You Can’t?

If you experience a medical emergency or become temporarily—or permanently—unable to make decisions, someone will need to step in. And if no one’s been legally named, that responsibility will likely fall to a public trustee or court-appointed guardian.

That’s exactly what happened to Alan, a retired teacher who had lived independently for years. When he had a serious fall and was hospitalized, it quickly became clear that he had no formal Enduring Power of Attorney in place. His nearest relative was a distant cousin he hadn’t seen in over a decade—and the hospital had no one to consult for care decisions. It took weeks to sort out who could legally manage his finances and speak on his behalf, delaying his rehab and increasing his stress during an already difficult time.

Alan’s experience is, unfortunately, not unique. But it’s avoidable—with a little planning.

You’ll want to assign trusted individuals—or professionals—to these key roles:

  • Enduring Power of Attorney:  Oversees financial matters, bill payments, and legal responsibilities.
  • Medical Directive: Makes health and lifestyle decisions when you’re unable to.
  • Executor: Administers your estate, pays off debts, files taxes, and distributes assets as outlined in your will.

These responsibilities are often assigned to family members, but when that’s not an option, you can choose friends, neighbours, or professional service providers—as long as they’re legally appointed.

Planning Where—and How—You Want to Live

Housing decisions are deeply personal. And for those living independently, it’s wise to think ahead while you have the freedom to choose.

Ask yourself:

  • Is my current home suitable if my health or mobility changes?
  • Am I open to downsizing, co-living, or moving into a community setting?
  • Would I prefer to stay at home with the right support in place?

Exploring these questions in advance allows you to plan on your terms—rather than reacting to a crisis. It also helps you identify what services or individuals might need to be part of your future support team.

Client Spotlight: Joan’s Story

Joan, a retired librarian in her 70s, recently downsized into a retirement community after more than three decades in the same home. Before the move, she reached out to review her plan and ensure it reflected her new living situation.

We updated her Enduring Power of Attorney and Medical Directive, clarified her executor’s role, and adjusted her personal care preferences to fit her new environment. With everything in place, Joan shared: Moving was a big decision, but having everything else sorted made it feel like I was doing the right thing at the right time.

Build a Team You Can Trust

When you’re living on your own, having a support network you trust is essential. Many of my clients create what I call a “circle of support”—a mix of individuals and professionals who can step in when needed and help carry out their wishes with confidence.

This team might include:

  • Long-time friends or neighbours who understand your values
  • A professional fiduciary or legal advisor
  • A Certified Executor Advisor to help guide planning and decision-making
  • Care coordinators, end-of-life consultants, or other support services

Client Spotlight: Heather’s Story

At 72, Heather—a retired nurse living without nearby family—wanted to be proactive about her future. She chose the Essentials Package to get clear on her options and put key documents in place.

With guidance, she appointed a trusted friend as her Representative for her Medical Directive and selected a professional fiduciary to manage her finances and serve as executor. After we wrapped up, Heather said, “I didn’t realize how much peace of mind I’d feel just knowing everything is in place—and that it’s all written down properly.”

You don’t need to have all the answers at the beginning—you just need a solid starting point. Even a small, well-informed circle of support can make a meaningful difference. And the most important ingredient? Trust.

Keep Your Plan Current and Clear

Creating a plan is a strong first step—but it’s not something you do once and forget. As your life evolves, your documents and decisions should evolve with it.

A move, a shift in finances, or even changing relationships can affect who you’ve named and how your wishes are carried out. That’s why I offer an Annual Estate & Legacy Plan Review—a structured, low-pressure opportunity to revisit your plan and make sure everything still reflects your current reality and goals.

Client Spotlight: David’s Story

David, a 68-year-old retired business owner, started with the Comprehensive Legacy Package to get everything in place. With no children and siblings living out of province, he wanted clarity and structure for the friends he had asked to manage his affairs.

We built a plan and scheduled regular reviews to keep everything current. After one of those check-ins, David said: “This gave me real peace of mind. Now I know things are organized—and that I’ve made it easier for the people I care about.”

A quick annual review can prevent confusion later—and gives you confidence that your plan continues to serve you well as life changes.

Preserve Your Voice, Protect Your Wishes

Living solo means you have more freedom—and also more responsibility to ensure your wishes are respected. The good news is, with a clear plan and the right people in place, you can enjoy peace of mind today while protecting your future independence.

Ready to Begin?

I support individuals who are living independently in creating proactive, thoughtful plans that reflect their goals, lifestyle, and values. Whether you need to start from scratch or refine existing documents, I can help.

  • Start with the Essentials Package – A focused session to identify your needs and next steps
  • Or choose the Comprehensive Legacy Package – A full-service planning experience with ongoing support

Ready to take the first step toward a plan that truly works for you—now and in the years ahead? At NEXsteps, we’re here to guide you with clarity, compassion, and expertise.

Visit our online store  to view our services.

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

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Why a Legacy Letter Could Be the Most Important Thing You Ever Write

Why a Legacy Letter Could Be the Most Important Thing You Ever Write

Letters That Outlive You: Why a Legacy Letter Still Matters

How a Simple, Heartfelt Legacy Letter Can Leave a Lasting Impact on Those You Love

If you’ve ever wondered how you’ll be remembered, a legacy letter is one of the most heartfelt and lasting ways to share your personal message with those who matter most.

Here’s a simple question to consider: If you had five minutes to tell your loved ones what matters most—what would you say?

That’s a question I sometimes ask when talking about legacy planning. Not everyone has thought about it before, but once they do, the responses are often deeply moving. And it’s not about legal documents or financial instructions—it’s something more personal: a legacy letter.

What Is a Legacy Letter?

A legacy letter (sometimes called an ethical will or a values letter) is a written message you leave behind to share what’s in your heart. It might include your hopes for your loved ones, lessons you’ve learned, stories you want remembered, or a reminder of how much someone meant to you.

There’s no formal structure—just your words, your voice, and your values. You don’t need to be a writer, and you don’t need to wait until the end of life to begin.

A Story That Stays With Me

I once worked with a woman—let’s call her Margaret—who had done all the right things when it came to estate planning. Her documents were in place. Her executor was clear on the next steps. But she still felt something was missing.

“I want my daughter to understand why I made some of the decisions I did,” she told me. “And I want her to know how much I love her, even though we haven’t always communicated that well.”

Together, we worked on a simple letter. It wasn’t long or fancy, but it was thoughtful and heartfelt. When Margaret passed, her daughter told me it was one of the most meaningful things she received.  “I’ll read that letter for the rest of my life,” she said.

Moments like that remind me how powerful our words can be—especially when we’re no longer here to say them ourselves.

What Makes a Legacy Letter So Meaningful

In a world where so many messages are short-lived—texts, emails, social media—taking the time to write something lasting really stands out.

A legacy letter gives you the opportunity to say what matters most, in your own way. It doesn’t have to be polished or poetic. It just needs to be you.

Here are a few things people often include:

  • A bit about their life journey

  • What they value most

  • Hopes for the next generation

  • Apologies or forgiveness

  • Personal stories or advice

  • Messages of love and appreciation

You can write to one person, your whole family, or even your broader community or future generations. There’s no right or wrong way—only what feels meaningful to you.

Not Just for the End of Life

One common misconception is that legacy letters are only for those nearing the end of life. But really, anyone can write one—at any age.

Some people write them when they become parents. Others during a life transition like retirement. Some do it just because they feel a pull to put their thoughts on paper.

You can update your letter as life changes. Or write more than one. It’s a living document—just like your story.

Getting Started

If the idea appeals to you but you’re not sure where to begin, try this simple prompt:

“If I had five minutes to say what matters most, what would I write?”

That’s it. Start there. Don’t overthink it. Write like you’re talking to someone you care about. You can organize it later if you’d like—but the first step is simply getting your thoughts down.


Legacy in Action: When Brian turned 70, he gave each of his grandchildren a letter along with a small gift. One grandchild later told him, “I keep it in my desk and read it when I need encouragement.” That one page became a lifelong keepsake.

You Don’t Have to Do It Alone

For some people, the words come easily. For others, it takes a little reflection and guidance to get started.

I’ve helped many individuals find their voice and shape their thoughts into something meaningful—whether through conversation, structured questions, or by compiling letters into keepsakes for family to cherish.

If you feel ready to begin but aren’t sure how, you don’t have to figure it out alone. Writing your legacy letter can be part of a broader plan for your future—and there are thoughtful resources that can help make that process easier and more personal.

You’ll find more details about our services on NEXsteps.ca, including ways to preserve your letter or include it in a memory book.

A Simple, Lasting Gift

A legacy letter isn’t about being perfect—it’s about being real. It’s your chance to say what matters most, in your own voice, while you still can.

You might be surprised how meaningful this simple act of writing can be—not just for those who receive your letter, but for you as the writer, too.

So go ahead—grab a pen or open a blank document. Start with just one sentence. You don’t have to share it yet. But starting is what counts.

And if you’d like support along the way, I’m just a message away.

Your words matter—let’s help you share them.

Visit our online store  to view our services.

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

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Dying Without a Will: What Your Family Needs to Know

empty table

What Really Happens If You Die Without a Will?

Dying without a will; it’s uncomfortable to think about. In fact, many people avoid thinking about it at all. But the truth is, if you die without a valid will in place, the consequences can be far more than just inconvenient—they can be emotionally and financially devastating for the people you care about most.

More than half of Canadian adults don’t have a will. And when you die without one, the legal system decides what happens next—not your family, and not you. At NEXsteps, we often meet people after a crisis, when a lack of planning has created confusion, delays, and even family conflict. This article is your opportunity to understand what really happens if you die intestate—and how you can avoid it.

What Does It Mean to Die Intestate?

Dying intestate means you haven’t left legal instructions on how your assets, possessions, and responsibilities should be managed after you pass away. Without a will, laws in your jurisdiction apply a formula to determine who inherits what. These rules don’t take into account your personal wishes, relationships, or the dynamics within your family.

At NEXsteps, we work with individuals and families to create clarity in these moments—but our best work happens when planning is done in advance. That’s when your values, preferences, and relationships can truly shape your legacy.

Who Inherits If There’s No Will?

Every province and territory has its own version of intestacy laws, but the basic outline is similar across Canada:

  • Married with children: The surviving spouse receives a fixed “preferential share” of the estate (ranging from $150,000 to $350,000 depending on the province). The rest is divided—typically one-third to the spouse, and two-thirds shared equally among the children. If there’s only one child, the balance is usually split 50/50.
  • Married with no children: The spouse often inherits the entire estate.
  • Single with children: The children inherit everything, divided equally.
  • No spouse or children: The estate passes to parents, then siblings, and then to more distant relatives.

Here’s the harsh reality:

  • Common-law partners may get nothing unless they are explicitly named.
  • Stepchildren are excluded unless legally adopted.
  • Friends, caregivers, or other meaningful relationships are not recognized in intestate distribution.

And if no eligible relatives are found? Your estate could go to the government.

🟦 Want to know how your current situation would play out without a will?
The Legacy Readiness Review included in our Essentials Package gives you a snapshot of the legal and personal gaps that could affect your loved ones.

The Administrative Nightmare of No Will

Without a will, the court appoints someone to manage your estate. This person—called an administrator—may not be someone you would have chosen. The process of appointing them can delay the administration of your estate by weeks or even months and can be costly.

Tasks like:

  • Identifying and valuing assets
  • Handling taxes, creditors, and government filings
  • Communicating with heirs and beneficiaries

become significantly more complex without written guidance.

Our Executor Essentials package provides step-by-step support for those navigating estate administration. But even the best guidance can’t undo poor—or nonexistent—planning. Having a will in place makes everything smoother.

Real-World Consequences: A True Story

When Mark passed away unexpectedly at 52, he left no will. His adult children assumed his long-time partner, Karen, would inherit everything. They had been together for nearly two decades.

But Mark and Karen weren’t legally married, and in their province, common-law partners aren’t entitled to inherit if there’s no will. Everything went to his children—including the home Karen had lived in and helped maintain for years. She was devastated and unprepared.

We’ve seen this situation—and many like it—play out firsthand. You don’t want your loved ones navigating grief and a legal battle at the same time.

What You Lose Without a Will

  • Control over who inherits your assets
  • Choice in who manages your estate
  • Peace of mind knowing children, pets, or dependents will be looked after by the right people
  • Opportunities for tax efficiency, charitable giving, or blended family planning

Without a plan, what’s left behind is often stress, confusion, and legal bills.

Myths That Keep People From Writing a Will

We hear these all the time:

  • “I don’t have enough to worry about a will.”
    Even modest estates can cause major conflict without one.
  • “My family knows what I want.”
    Maybe—but they aren’t legally allowed to act on undocumented wishes.
  • “Everything will just go to my spouse.”
    Not necessarily. Children, estranged family, or ex-spouses may have legal claims.

If any of these sound familiar, it’s time to rethink.

It’s Easier Than You Think to Get Started

You don’t need a law degree or a million-dollar estate to get organized. If you’re not sure where to begin, our Comprehensive Legacy Package gives you the structure and guidance to put your wishes in writing—while also preparing your loved ones for what to expect.

And if you already have a will, our Annual Estate & Legacy Plan Review ensures it’s still aligned with your current life, family, and goals.

Take the First Step—Before It’s Too Late

Dying without a will doesn’t just mean legal complications. It means leaving the people you love without clear direction, possibly in conflict, and potentially at the mercy of rules that don’t reflect your life or values.

You deserve better—and so do they. Explore your planning options today. Whether you’re starting from scratch or reviewing what you already have, we can help you get your affairs in order—clearly, confidently, and compassionately.

Visit our online store  to view our services.

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

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

 

What Most Wills Miss!

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 Executor Essentials and Executor Ally Plus programs 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

Reflection: 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 online store  for programs or contact us  for a personalized solution.

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

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

The Power of Purpose

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—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 online store  for programs or contact us  for a personalized solution.

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

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

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

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 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.

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Please send us your questions or share your comments.

What Happens If You Never Adapt Your Estate Plan?

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 online store  for programs and guides or contact us for a personalized solution.

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

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Please send us your questions or share your comments.

Incapacity Planning: What Happens If You Can’t Decide?

an empty chair in a sunlit room symbolizing being unable to speak for yourself

The Growing Importance of Incapacity Planning

As our population continues to live longer, with life expectancies now stretching well into the 80s and beyond, the conversation around aging is increasingly turning to more than just retirement savings and long-term care. One of the most urgent and overlooked aspects of later life is incapacity planning—the process of legally preparing for the possibility that you might one day be unable to make decisions for yourself due to illness, injury, or cognitive decline.

This is not just a matter for the elderly. Accidents, strokes, or early-onset dementia can affect adults at any age. But with dementia diagnoses projected to impact nearly 1 million Canadians and approximately 8.4 million Americans  by 2030, the time to prepare is now.

Why Incapacity Planning Matters More Than Ever

When someone loses the ability to manage their personal, legal, or financial affairs, it can throw a family into chaos. Without the proper documents in place, loved ones may face lengthy court processes to establish guardianship or trusteeship—often during an already stressful and emotional time.

Unfortunately, many people do not have powers of attorney or personal directives in place, leaving their families vulnerable to legal confusion, emotional conflict, and financial mismanagement.

💡“If you don’t choose who will speak for you, the court may have to,” says Nancy Boisvert, a Certified Executor Advisor and founder of NEXsteps. “And that decision may not align with your wishes or your family dynamics.”

A Real-Life Cautionary Tale

Consider the case of Joan, a retired teacher in her early 70s who was widowed and living independently in Alberta. Her two adult children lived in different provinces. Joan had never completed an Enduring Power of Attorney or Personal Directive, believing she was still “too young to worry about that.”

When Joan was diagnosed with early-stage Alzheimer’s, her condition rapidly progressed. Within a year, she was unable to manage her finances or communicate complex decisions. Her children disagreed about the best course of care and how to manage her home and investments. With no legal decision-makers appointed, they had to apply for guardianship and trusteeship through the courts—a process that took several months, cost thousands of dollars in legal fees, and strained their relationship permanently.

By the time decisions could be made, critical financial deadlines had passed, and Joan’s home had deteriorated in value. Worse, her care was delayed because no one had clear authority to act on her behalf.

Unfortunately, Joan’s situation is not unique.

What Does Incapacity Planning Involve?

Incapacity planning involves creating legal documents that authorize trusted individuals to make decisions on your behalf if you’re no longer able to do so:

Enduring Power of Attorney (POA):

This allows a person you trust (your “attorney”) to manage your financial and legal affairs. It remains valid even if you become mentally incapable.

Personal Directive (or Advance Healthcare Directive):

This document appoints someone to make personal and medical decisions, such as where you will live, the kind of care you receive, and life-sustaining treatment preferences.

Wills and Mental Capacity:

A will can only be created or amended by someone who has mental capacity. Once a person loses that capacity—due to dementia, injury, or illness—they can no longer legally draft or revise their will. This makes it crucial to have a valid, up-to-date will in place before any cognitive decline occurs. Without one, your estate may be distributed according to provincial intestacy laws, which may not reflect your wishes.

Risks of Not Having a Plan

Without these tools in place:

  • Families must go to court to gain authority to act, causing delays and legal costs.
  • Disputes can arise between family members or with healthcare providers.
  • There’s a higher risk of financial abuse or misuse of funds, especially when no formal power of attorney is in place.
  • Personal wishes around medical care, housing, or end-of-life choices may not be followed.

Proactive Tips for Incapacity Planning

Start early – Don’t wait for a diagnosis or health scare. Planning while you’re healthy gives you more control and avoids rushed decisions.

Choose your agents carefully – Select people who are trustworthy, available, and capable of acting in your best interests. Consider naming backups in case your original choices are unable to act.

Communicate your wishes – Talk to your chosen agents and your family about your values, healthcare preferences, and expectations. The documents are important—but so is the conversation.

Review and update regularly – Life changes. So should your documents. Review your plan every 3-5 years or after major life events (divorce, death, relocation).

Consult professionals – A lawyer can help you create documents that meet your jurisdiction’s legal requirements. A Certified Executor Advisor can help you think through practical concerns and family dynamics.

Store documents accessibly – Make sure your attorney, executor and healthcare agent know where to find your documents in an emergency. Consider digital backups or services that provide secure access. *Original wills are required, so be sure to keep that document secure.

Start the Conversation Now

As our population ages, the need for incapacity planning is no longer optional—it’s essential. It’s not just about protecting assets; it’s about preserving dignity, reducing family stress, and ensuring your wishes are known and respected when you can no longer speak for yourself.

At NEXsteps, we work with individuals and families to prepare for the road ahead—not just with wills and estate planning, but with personalized guidance around incapacity, aging, and decision-making. Our mission is to ensure you’re ready for whatever the future holds.

Need help getting started with your incapacity planning?

Reach out or book your consultation for compassionate, knowledgeable support. As a Certified Executor Advisor and legacy planning expert, I can guide you through the process and connect you with trusted legal professionals if needed.

Visit our online store  for programs and guides or contact us for a personalized solution.

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

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Please send us your questions or share your comments.

Privacy, Probate, and a Plan: Why Savvy Canadians Choose Alter Ego Trusts

an older man holding a top secret folder with the caption shh.. the estate planning shortcut you've never heard of.

The Role of Alter Ego Trusts in Avoiding Probate in Canada

Alter Ego Trusts – an estate planning tool for Canadians 65+ seeking privacy, control, and efficiency

When planning for the future, many Canadians aged 65 and older are turning to alter ego trusts as a strategic tool to simplify estate administration, reduce probate fees, and protect their privacy. Introduced in 2000 under the Income Tax Act, alter ego trusts offer unique advantages—but they also come with responsibilities and limitations. Here’s what you need to know.

What Is an Alter Ego Trust?

An alter ego trust is a type of living trust available only to individuals aged 65 and older who are Canadian residents. The person who creates the trust—known as the settlor—must be the sole person entitled to receive all of the trust’s income and capital during their lifetime. They also typically act as the trustee, maintaining full control over the trust assets.

Unlike a will, which only takes effect after death and must go through probate, an alter ego trust operates during the settlor’s lifetime and continues to function after death, distributing assets to named beneficiaries according to the terms set out in the trust deed—without going through probate.

Key Benefits of Alter Ego Trusts

Avoiding Probate

One of the main reasons older Canadians choose an alter ego trust is to bypass the probate process. Probate can be time-consuming, public, and costly. By transferring assets into the trust during your lifetime, those assets are no longer part of your estate and therefore do not require probate.

Maintaining Privacy

Probated wills become part of the public record. Anyone can access the details of your estate and its beneficiaries. Alter ego trusts offer confidentiality, as they are not subject to the same public scrutiny. This makes them especially appealing to those who value discretion in how their affairs are handled.

Continuity and Control

Because you remain the trustee during your lifetime, you retain complete control over the assets. You can buy, sell, or transfer trust assets as needed. You can also name a successor trustee to take over upon incapacity or death, ensuring seamless asset management without court intervention.

Potential Tax Benefits

Alter ego trusts are structured to defer capital gains taxes until the death of the settlor. This is different from most trusts, which trigger a deemed disposition of assets every 21 years. For the alter ego trust, that tax deferral can support long-term planning.

Setting Up an Alter Ego Trust: What’s Involved

Establishing an alter ego trust involves several legal and financial steps. Here’s a basic outline:

Step 1: Work with Legal and Financial Professionals

A lawyer experienced in estate planning will draft the trust deed, which outlines the terms, trustees, and beneficiaries. You’ll also want to consult a tax advisor or financial planner to assess any implications on your broader estate and tax strategy.

Step 2: Transfer Assets into the Trust

You can transfer a wide range of assets into the trust, including real estate, investments, and bank accounts. However, RRSPs and RRIFs cannot be held in an alter ego trust.

Note: While there are no immediate tax consequences for transferring assets into an alter ego trust (unlike other trusts), the assets must be legally retitled in the name of the trust. This can trigger land transfer tax, and mortgage lenders may need to be involved.

Step 3: Maintain Proper Records

Because you are still the trustee, it’s your responsibility to keep clear records, file annual tax returns for the trust, and follow the terms of the trust deed.

Considerations and Limitations

While alter ego trusts offer many advantages, they are not suitable for everyone. Consider the following:

  • Costs: Legal and accounting fees to set up and maintain the trust can be a deterrent.
  • Irrevocable Nature: Once created, the trust cannot be undone. Assets in the trust are no longer considered part of your personal estate, even though you still control them.
  • Creditor Protection: Assets in an alter ego trust are generally not protected from creditors if the settlor becomes insolvent.
  • Tax on Death: When the settlor dies, the trust is deemed to dispose of all its assets, potentially triggering capital gains taxes, similar to a regular estate. However, this can be planned for in advance.

Who Should Consider an Alter Ego Trust?

This tool is best suited for:

  • Canadians over 65 with complex estates or high-value assets
  • Those seeking privacy and streamlined administration
  • Individuals concerned about estate challenges or family disputes
  • People with a clear vision of their estate plan and long-term goals

If your main goal is avoiding probate and simplifying the transition of assets, an alter ego trust could be a valuable addition to your estate planning strategy.

Final Thoughts: Planning with Purpose

Alter ego trusts offer a powerful, flexible way for Canadians 65+ to retain control over their assets, protect their privacy, and ease the estate administration burden for loved ones. But they must be set up properly and with professional guidance.

At NEXsteps, we specialize in helping clients explore tools like alter ego trusts within the broader context of estate and legacy planning. While we don’t provide legal or financial advice, we work closely with your professional advisors to ensure your plan reflects your wishes and minimizes complexity for your family.

Ready to explore if an alter ego trust fits your goals?
Let’s talk. Book a consultation to take the first step in planning with confidence.

Visit our online store  for programs and guides or contact us for a personalized solution.
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The CRA’s Parting Gift: Deemed Disposition and the Final Tax Sting

Man looking shocked at final tax assessment

Deemed Disposition at Death: What Executors Need to Know

When someone dies in Canada, their tax obligations don’t end—they can, in fact, become significantly more complicated. One of the most important and often misunderstood rules is the deemed disposition of assets at death. This rule can result in a substantial tax bill for an estate, and if you’re an executor, it’s your responsibility to make sure it’s paid.

So what is the deemed disposition tax, and how can it be managed?

What Is Deemed Disposition?

Under the Income Tax Act, when a person dies, the Canada Revenue Agency (CRA) treats most of their capital property as though it were sold at fair market value (FMV) immediately before death. This includes things like:

  • Real estate (other than a principal residence),
  • Non-registered investments (stocks, mutual funds, ETFs),
  • Rental or vacation properties,
  • Businesses,
  • Certain types of personal property with significant appreciation.

This “sale” triggers a capital gain or loss, and 50% of the net gain is taxable on the deceased’s final tax return, known as the terminal return. If there is a significant increase in value over time, the resulting tax bill can be substantial—even if the assets aren’t actually sold.

Assets That May Be Exempt

Not every asset is subject to the deemed disposition:

  • Principal residences may be exempt under the principal residence exemption.
  • Registered assets, like RRSPs or RRIFs, don’t fall under deemed disposition rules—but they may still be fully taxable as income unless transferred to a qualified beneficiary (e.g., a spouse).
  • Tax-Free Savings Accounts (TFSAs) remain tax-free until death, but growth after death is taxable unless designated to a spouse.

Some assets can be rolled over to a surviving spouse or common-law partner tax-deferred, postponing the tax until the spouse sells the asset or dies.

Implications for Executors

As the executor (or legal representative) of the estate, you’re responsible for:

  • Filing the terminal return,
  • Calculating and paying any taxes owing,
  • Making sure the estate has enough liquidity to cover tax liabilities,
  • Communicating with beneficiaries about delays or deductions from inheritances due to taxes.

Failure to manage this properly can result in personal liability if the estate is distributed before all taxes are paid.

Strategies to Reduce the Tax Burden

While you can’t avoid the deemed disposition tax entirely, there are strategies to reduce or defer its impact:

1. Spousal Rollover

If assets are left to a spouse or common-law partner, the tax can often be deferred until their death or disposal of the asset.

Tip: Ensure wills and beneficiary designations are worded correctly to allow for rollover treatment.

2. Use of the Lifetime Capital Gains Exemption (LCGE)

If the deceased owned shares in a qualified small business corporation (QSBC) or qualified farm/fishing property, up to $1,016,836 (2024 amount, indexed annually) of capital gains may be exempt from tax.

3. Estate Freezes and Trusts

High-net-worth individuals may consider an estate freeze during their lifetime to lock in current values and transfer future growth to heirs. Trusts (such as alter ego or joint partner trusts) can also help with deferral and control.

Note: These are complex tools that require legal and tax advice.

4. Gifting During Life

Gifting appreciated assets during life may help reduce the total taxable estate, though it still triggers capital gains at the time of transfer. It can also allow the donor to manage the timing of gains and potentially spread tax over multiple years.

5. Insurance to Cover the Tax

A life insurance policy can provide immediate liquidity to the estate, allowing taxes to be paid without selling off key assets. This is especially helpful for illiquid estates, such as those with businesses or real estate.

6. Proper Record-Keeping

Keep accurate records of adjusted cost base (ACB) and improvements to assets (such as real estate), as these reduce the amount of capital gain calculated at death.

A Real-Life Example

Let’s say Barbara passes away owning a cottage purchased for $150,000 and now worth $800,000. The CRA deems this property sold, triggering a $650,000 capital gain. Half of that—$325,000—is taxable. Depending on the province and marginal tax rates, the tax bill could easily exceed $100,000. If the estate doesn’t have liquid assets, the executor may be forced to sell the property or borrow funds to pay the tax.

What Executors Can Do Now

If you’re currently serving as an executor or anticipate becoming one, here are a few practical steps:

  • Review the deceased’s asset portfolio and identify taxable holdings.
  • Work with a tax advisor or estate accountant early on to estimate liabilities.
  • Hold off on distributing funds until the Notice of Assessment confirms the CRA is satisfied. It is also advisable to wait until you receive the Clearance Certificate from CRA, removing potential future liability.
  • Consider involving a Certified Executor Advisor (CEA) to guide you through complex steps and help liaise with legal and financial professionals.

It’s Complicated—But You’ve Got Help

Deemed disposition at death is one of the most significant tax implications in Canadian estate administration, and many executors are caught off guard by how much is owed—especially if the estate lacks cash flow. Being proactive, informed, and supported by professionals can prevent costly mistakes and reduce stress during an already emotional time.

Need help navigating your role as an executor?

At NEXsteps, we support executors and families with consultation, coordination, and clarity—so nothing gets missed. As a Certified Executor Advisor, I can help you understand the implications of taxes like deemed disposition and guide you in working with your accountant or legal advisor.

Visit our online store  for programs and guides or contact us for a personalized solution.
Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

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