Win Law

330 Bay Street
Toronto, ON
M5J 0B6

(437)703-7554

Estate Planning Worksheet

Thank you so much for contacting our law office! Please read the privacy policy below, and then fill out this form in its entirety prior to our consultation.

Privacy Policy

All information received from a client is strictly confidential. Our firm takes every step possible to protect your privacy. The data submitted via this form is encrypted and secured using industry-standard 256-bit SSL encryption.

Your Social Security number and other personal information will only be used in the event that you hire the firm to represent you in your legal matter, and then only when necessary in limited use during the course of your case.

Social Security numbers are most often used to positively identify parties. Most courts require Social Security numbers of all parties in a case. Some other examples of how this information may be used include:

initial service
in court orders
in required reports or other documents filed with the State

If you have any questions, please don't hesitate to contact our law office. We look forward to working with you!

PART I - Personal Information

Contact information

Prefix

First name *

Middle name

Last name *

Date of birth

Company

Emails

Address *

Type

Upon submission, a copy of this form will be sent to the primary email.

Add email

Addresses

Street address

Country

City

State/Region

Zip/Postal code

Address type

Add address

Phone numbers

Phone number

Type

Add phone number

Also Known As:

(other names used to title property and accounts)

Prefer to Be Called:

Social Security #:

Employer:

Position:

Employer's Address:

If Married:

Yes

If Divorced:

Yes

If Widowed:

Yes

Are either of your parents still living?

Yes

Are any of your grandparents still living?

Yes

SPOUSE INFORMATION

(if applicable)

Spouse's Legal Name:

(name most often used to title property and accounts)

Also Known As:

(other names used to title property and accounts)

Social Security #:

Date of Birth:

Home Address:

Primary Phone Number:

Other Phone Numbers:

Employer:

Position:

Employer's Address:

E-mail Address:

If Widowed:

Yes

If Divorced:

Yes

Are either of your parents still living?

Yes

Are any of your grandparents still living?

Yes

CHILDREN AND OTHER FAMILY MEMBERS

For each child or other family member, please select "Yes" and fill out the following information.

Child or Other Family Member #1:

Yes

Child or Other Family Member #2:

Yes

Child or Other Family Member #3:

Yes

Child or Other Family Member #4:

Yes

Child or Other Family Member #5:

Yes

Child or Other Family Member #6:

Yes

YOUR CONCERNS

Please rate the following as to how important they are to you:

Desire to get affairs in order and create a comprehensive plan to manage affairs in case of death or disability.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Providing for and protecting a spouse.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Providing for and protecting children.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Providing for and protecting grandchildren.

No Concern or Not Applicable

High Concern

Some Concern

Low Concern

Disinheriting a family member.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Providing for charities at the time of death.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Plan for the transfer and survival of a family business.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Avoiding probate.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Reduce administration costs at time of your death.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Avoiding a conservatorship (“living probate”) in case of a disability.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Avoiding will contests or other disputes upon death.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Protecting assets from lawsuits or creditors.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Preserving the privacy of affairs in case of disability or at time of death from business competitors, predators, dishonest persons and curiosity seekers.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Plan for a child with disabilities or special needs, such as medical or learning disabilities.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Protecting children’s inheritance from the possibility of failed marriages.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Protect children’s inheritance in the event of a surviving spouse’s remarriage.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Provide that your death shall not be unnecessarily prolonged by artificial means or measures.

High Concern

Some Concern

Low Concern

No Concern or Not Applicable

Other Concerns:

(Please list below)

IMPORTANT FAMILY QUESTIONS

(Please check “Yes” or “No” for your answer)

Are you (or your spouse) receiving Social Security, disability, or other governmental benefits?

Yes

Are you (or your spouse) making payments pursuant to a divorce or property settlement order?

Yes

If married, have you and your spouse signed a pre- or post-marriage contract?

Yes

Have you (or your spouse) ever filed federal or state gift tax returns?

Yes

Have you (or your spouse) completed previous will, trust, or estate planning?

Yes

Do you support any charitable organizations now that you wish to make provisions for at the time of your death?

Yes

Are there any other charitable organizations you wish to make provisions for at the time of your death?

Yes

If married, have you lived in any of the following states while married to each other?

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin

Yes

Are you (or your spouse) currently the beneficiary of anyone else’s trust?

Yes

Do any of your children have special educational, medical, or physical needs?

Yes

Do any of your children receive governmental support or benefits?

Yes

Do you provide primary or other major financial support to adult children or others?

Yes

Additional Information:

PART II - Property Information

Instructions for completing the Property Information checklist:

General Headings

This Property Information checklist helps you list all the property you own and what it is worth. If you do not own property under a particular heading, just leave that section blank.

Type

Immediately after the heading for each kind of property is a brief explanation of what property you should list under that heading.

“Owner” of Property

How you own your property is extremely important for purposes of properly designing and implementing your estate plan. For each property, please indicate how the property is titled. When doing so, please use the following abbreviations:

Real Property

TYPE: Any interest in real estate including your family residence, vacation home, timeshare, vacant land, etc.

Real Property #1:

Yes

Real Property #2:

Yes

Real Property #3:

Yes

Real Property #4:

Yes

Real Property #5:

Yes

Furniture and Personal Effects

TYPE: List separately only major personal effects such as jewelry, collections, antiques, furs, and all other valuable non-business personal property (indicate type below and give a lump sum value for miscellaneous, less valuable items.).

Furniture and Personal Effects #1:

Miscellaneous Furniture and Household Effects:

Yes

Furniture and Personal Effects #2:

Yes

Furniture and Personal Effects #3:

Yes

Furniture and Personal Effects #4:

Yes

Automobiles, Boats, and RVs

TYPE: For each motor vehicle, boat, RV, etc. please list the following: description, how titled, market value and encumbrance:

Vehicle #1:

Yes

Vehicle #2:

Yes

Vehicle #3:

Yes

Vehicle #4:

Yes

Vehicle #5:

Yes

Bank Accounts

TYPE: Checking Account “CA”, Savings Account “SA”, Certificates of Deposit “CD”, Money Market “MM” (indicate type below). Do not include IRAs or 401(k)s here

Bank Account #1:

Yes

Bank Accounts #2:

Yes

Bank Accounts #3:

Yes

Bank Accounts #4:

Yes

Bank Accounts #5:

Yes

Total Amount:

Stocks and Bonds

TYPE: List any and all stocks and bonds you own. If held in a brokerage account, lump them together under each account. (indicate type below)

Stocks and Bonds #1:

Yes

Stocks and Bonds #2:

Yes

Stocks and Bonds #3:

Yes

Stocks and Bonds #4:

Yes

Stocks and Bonds #5:

Yes

Total Value:

Life Insurance Policies and Annuities

TYPE: Term, whole life, split dollar, group life, annuity.

ADDITIONAL INFORMATION: Insurance company, type, face amount (death benefit), whose life is insured, who owns the policy, the current beneficiaries, who pays the premium, and who is the life insurance agent.

Life Insurance Policies and Annuities:

Total:

Retirement Plans

TYPE: Pension (P), Profit Sharing (PS), H.R. 10, IRA, SEP, 401(K).

ADDITIONAL INFORMATION: Describe the type of plan, the plan name, the current value of the plan, and any other pertinent information.

Retirement Plans:

Total:

Business Interests

TYPE: General and Limited Partnerships, Sole Proprietorships, privately-owned corporations, professional corporations, oil interests, farm, and ranch interests.

ADDITIONAL INFORMATION: Give a description of the interests, who has the interest, your ownership in the interests, and the estimated value of the interests.

Business Interests:

Total:

Money Owed To You

TYPE: Mortgages or promissory notes payable to you, or other moneys owed to you.

Money Owed To You #1:

Yes

Money Owed To You #2:

Yes

Money Owed To You #3:

Yes

Money Owed To You #4:

Yes

Total:

Anticipated Inheritance, Gift, or Lawsuit Judgment

TYPE: Gifts or inheritances that you expect to receive at some time in the future; or moneys that you anticipate receiving through a judgment in a lawsuit. Describe in appropriate detail.

Anticipated Inheritance, Gift, or Lawsuit Judgment:

Total estimated value:

Other Assets

TYPE: Other property is any property that you have that does not fit into any listed category.

Other Asset #1:

Yes

Other Asset #2:

Yes

Other Asset #3:

Yes

Other Asset #4:

Yes

Total estimated value:

Summary of Values

* Joint Property values enter 1/2 in client’s column and 1/2 in spouse’s column.

Real Property:

Yes

Furniture and Personal Effects:

Yes

Automobiles, Boats and RV’s:

Yes

Bank and Savings Accounts:

Yes

Stocks and Bonds:

Yes

Life Insurance and Annuities:

Yes

Retirement Plans:

Yes

Business Interests:

Yes

Money owed to you:

Yes

Anticipated Inheritance, Etc.

Yes

Other Assets:

Yes

CLIENT - Total:

SPOUSE - Total:

JOINT - Total:

PART III - Design Information

PERSONS TO ACT FOR YOU:

Guardian for Minor Children

If you have any children under the age of 18, list in order of preference who you wish to be guardian.

Guardian for Minor Children #1:

Yes

Guardian for Minor Children #2:

Yes

Initial Trustees

Usually the Maker will be the Trustee of his or her own trust. Often, both spouses, jointly. Allows you to continue to jointly control your assets as before.

Initial Trustee #1:

Yes

Initial Trustee #2:

Yes

CLIENT - Disability Trustee

If you were unable to make decisions for yourself, who would you want to make decisions for you with regard to your property and assets?

Disability Trustee #1:

Yes

Disability Trustee #2:

Yes

Disability Trustee #3:

Yes

SPOUSE - Disability Trustee

If you were unable to make decisions for yourself, who would you want to make decisions for you with regard to your property and assets?

Disability Trustee #1:

Yes

Disability Trustee #2:

Yes

Disability Trustee #3:

Yes

CLIENT - Death Trustee

After your death, who do you want carrying out your instructions, for distribution to and, if desired, management of property for your beneficiaries?

Death Trustee #1:

Yes

Death Trustee #2:

Yes

Death Trustee #3:

Yes

Death Trustee #4:

Yes

SPOUSE - Death Trustee

After your death, who do you want carrying out your instructions, for distribution to and, if desired, management of property for your beneficiaries?

Death Trustee #1:

Yes

Death Trustee #2:

Yes

Death Trustee #3:

Yes

Death Trustee #4:

Yes

CLIENT - Power of Attorney

If you were unable to make financial decisions for yourself, who would you want to make those decisions for you?

Agent #1:

Yes

Agent #2:

Yes

Agent #3:

Yes

Do you want to authorize your Financial Agent to make gifts on your behalf during any period of time you are incapacitated?

Yes

SPOUSE - Power of Attorney

If you were unable to make financial decisions for yourself, who would you want to make those decisions for you?

Agent #1:

Yes

Agent #2:

Yes

Agent #3:

Yes

Do you want to authorize your Financial Agent to make gifts on your behalf during any period of time you are incapacitated?

Yes

CLIENT - Living Will

Do you want to provide that the moment of your death not be unnecessarily prolonged by artificial means or measures?

Yes

Do you want to provide that your organs and tissues should be made available for transplant purposes?

Yes

SPOUSE - Living Will

Do you want to provide that the moment of your death not be unnecessarily prolonged by artificial means or measures?

Yes

Do you want to provide that your organs and tissues should be made available for transplant purposes?

Yes

CLIENT - Health Care

If you were unable to make decisions for yourself, who would you want to make decisions for you with regard to your medical treatment?

Health Care Agent #1:

Yes

Health Care Agent #2:

Yes

Health Care Agent #3:

Yes

Do you want to authorize your Medical Agent to take whatever steps are necessary to keep you in a personal residence rather than nursing home?

Yes

Do you want to provide that upon certification by 2 physicians of need for psychological or substance treatment, Agent may arrange for voluntary admission?

Yes

In making distributions during any period of time the client is incapacitated, the successor Trustee shall give primary consideration to:

Disabled spouse, the needs of others.

Disabled spouse and other spouse, and then needs of others

Disabled spouse needs and the needs of others equally.

SPOUSE - Health Care

If you were unable to make decisions for yourself, who would you want to make decisions for you with regard to your medical treatment?

Health Care Agent #1:

Yes

Health Care Agent #2:

Yes

Health Care Agent #3:

Yes

Do you want to authorize your Medical Agent to take whatever steps are necessary to keep you in a personal residence rather than nursing home?

Yes

Do you want to provide that upon certification by 2 physicians of need for psychological or substance treatment, Agent may arrange for voluntary admission?

Yes

In making distributions during any period of time the client is incapacitated, the successor Trustee shall give primary consideration to:

Disabled spouse, the needs of others.

Disabled spouse and other spouse, and then needs of others

Disabled spouse needs and the needs of others equally.

DISTRIBUTIONS OF PERSONAL PROPERTY AND SPECIFIC GIFTS

USE OF PERSONAL PROPERTY MEMORANDUM: Do you want to provide that your personal property will be distributed pursuant to a written list you may prepare later?

Yes

CLIENT - Any property not listed on the memorandum should be distributed to:

Spouse, then children equally.

Spouse, then to balance of trust.

Spouse, then other named individuals.

Children

To the balance of the trust.

Other named individuals. List on next line.

SPOUSE - Any property not listed on the memorandum should be distributed to:

Spouse, then children equally.

Spouse, then to balance of trust.

Spouse, then other named individuals.

Children

To the balance of the trust.

Other named individuals. List on next line.

SPECIFIC GIFTS

List any specific gifts of real estate or cash gifts you wish to make to either individuals or charities. Indicate whether these gifts are to be made even if the other spouse is alive.

Specific Gift #1:

Yes

Specific Gift #2:

Yes

Specific Gift #3:

Yes

Specific Gift #4:

Yes

Specific Gift #5:

Yes

Specific Gift #6:

Yes

Specific Gift #7:

Yes

PROVIDING FOR THE SURVIVING SPOUSE UPON DEATH OF FIRST SPOUSE TO DIE

 TO SURVIVING SPOUSE WITHOUT TAX PLANNING: We recognize this does not provide any tax planning which may result in our beneficiaries paying significant optional estate taxes.

 All to surviving spouse.

 _________% to surviving spouse.
 Minimum allowed by law to surviving spouse.

 DIVIDE INTO MARITAL AND FAMILY TRUSTS: Designed to maximize estate tax savings. To accomplish this, an amount up to the applicable exclusion amount will be transferred to the Family Trust and the balance, if any, to the Marital Trust. This is sometimes referred to as “A/B Trust Planning”. The Marital Trust is sometimes referred to as the “A Trust” or “QTIP Trust”. The Family Trust is sometimes referred to as the “B Trust”, “By-Pass Trust” or “Credit Shelter Trust”. Also provides protection for surviving spouse from creditors and predators. You decide how much control you want the surviving spouse to have. In the event of remarriage protects property for your heirs from a new spouse in case of death or divorce.

PROVIDING FOR THE SURVIVING SPOUSE UPON DEATH OF FIRST SPOUSE TO DIE:

TO SURVIVING SPOUSE WITHOUT TAX PLANNING - All to surviving spouse.

TO SURVIVING SPOUSE WITHOUT TAX PLANNING - Minimum allowed by law to surviving spouse.

TO SURVIVING SPOUSE WITHOUT TAX PLANNING - _________% to surviving spouse.

DIVIDE INTO MARITAL AND FAMILY TRUSTS

DESIGN OF MARITAL SHARE

 OUTRIGHT: We want to leave property outright to the surviving spouse. We recognize that this offers no
protection from creditors or predators. Allows surviving spouse to leave property to whomever surviving spouse wants.
Also allows a new spouse to possibly make claim on property in case of death or divorce

 GENERAL APPOINTMENT TRUST: All income and principal are available to the surviving spouse upon
demand. The surviving spouse is free to do as he or she pleases. This would include the ability to remove all property in
the Marital Share from the trust.

 ALL INCOME – PRINCIPAL FOR NEEDS: All income is distributed to surviving spouse; principal is available
for his or her needs (health, education, maintenance, and support).

 ONLY INCOME: Only income is distributed to surviving spouse. Principal is not available to the surviving spouse.

DESIGN OF MARITAL SHARE:

OUTRIGHT

GENERAL APPOINTMENT TRUST

ALL INCOME – PRINCIPAL FOR NEEDS

ONLY INCOME

DESIGN OF FAMILY SHARE

 ALL INCOME – PRINCIPAL FOR NEEDS: All income is distributed to surviving spouse; principal is available for needs (health, education, maintenance, and support).

Are descendants permissible beneficiaries of principal?____

 INCOME AND PRINCIPAL FOR NEEDS: All income and principal is available for needs. Income may be accumulated and not distributed.

Are descendants permissible beneficiaries of income and/or principal?____

 ONLY INCOME: Only income is distributed to surviving spouse. Principal is not available to the surviving spouse.

DESIGN OF FAMILY SHARE:

ALL INCOME – PRINCIPAL FOR NEEDS

INCOME AND PRINCIPAL FOR NEEDS

ONLY INCOME

WHO IS RESPONSIBLE FOR DETERMINING LIFETIME DISTRIBUTIONS

Is surviving spouse the sole trustee with a right to appoint co-trustees (surviving spouse then determines the management and distributions for his or her needs)? Do you wish to name someone to be the co-trustee with the surviving spouse?

LIMITED POWER OF APPOINTMENT

Do you want the surviving spouse to be able to modify the way property is distributed upon the surviving spouse’s death?

If so, to whom may the surviving spouse distribute your property:

Your descendants and charities

Your descendants, their spouses and charities

Anyone, no limitations

N/A

Your descendants

Your descendants and their spouses

DIVISION OF PROPERTY UPON DEATH OF SECOND SPOUSE TO DIE

DIVISION OF PROPERTY UPON DEATH OF SECOND SPOUSE TO DIE:

DIVIDE EQUALLY BETWEEN OUR CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILDREN

DIVIDE AMONG NAMED INDIVIDUALS and/or CHARITIES:

HOW AND WHEN TO DISTRIBUTE MY PROPERTY

 DISTRIBUTE OUTRIGHT TO OUR BENEFICIARIES: Provides no protection from creditors, predators, or from themselves.

 STRUCTURED TRUST: You determine how long the property is to remain in trust. During the period of time the property is held in trust it is available to the beneficiary for needs (health, education, maintenance, and support). You may give written instructions to the trustee outlining guidelines to follow in determining the beneficiary’s needs. You may provide for a staggered distribution of principal. For example:. 1/3 at age 30 and balance at age 40. You decide who will manage the property and to carry out your distribution instructions. Does the beneficiary have a right to be a co-trustee and/or choose his or her own co-trustee? You decide how the trust is designed. List your desires:

HOW AND WHEN TO DISTRIBUTE MY PROPERTY:

DISTRIBUTE OUTRIGHT TO OUR BENEFICIARIES

STRUCTURED TRUST

REMOTE CONTINGENT BENEFICIARY

Who do you want to receive your property in the remote event that no one listed above is alive to receive your property? Determining the remote contingent beneficiary is not so important that it should cause you to delay completion of your entire estate plan. It can always be changed at a later date.

In the remote event no one listed above is alive to receive my property I want my property distributed as follows:

 To each spouse’s heirs-at-law.
 One-half to Client’s heirs-at-law and one-half to Spouse’s heirs at law.
 To the following named individuals and/or charities:

REMOTE CONTINGENT BENEFICIARY:

To each spouse’s heirs-at-law.

One-half to Client’s heirs-at-law and one-half to Spouse’s heirs at

To the following named individuals and/or charities:

OTHER ITEMS TO INCLUDE OR DISCUSS

Obviously your estate plan should address all your hopes, fears, and wishes. Please list any other items you want included or want to discuss:

General Documentation Request

In some instances, it is necessary for us to review other documents before we can make planning recommendations. If applicable, please bring the documents requested below with you to our first meeting:

1. Copies of all deeds to real estate owned by you.

2. Copies of the most recent financial statements evidencing your ownership of bank accounts, investment accounts, retirement accounts, and annuities.

3. Copies of any stock or bond certificates.
4. Do you have any Long-Term Care Policies? If yes, please bring a copy
5. Is there a Divorce Decree or Property Settlement Agreement for divorce under which continued obligations exist (child or spousal support, maintain life insurance policy, etc.)? If yes, please bring a copy
6. Last 3 years of personal income, corporate, or partnership tax returns.
7. Have you ever filed a gift tax, estate tax, or trust tax returns? If yes, please bring a copy.
8. Copies of any existing planning documents, including wills, trusts, powers of attorney, health care directives, etc.

THANK YOU

When you are finished, please click the "Submit" button.