Wills, Personal Directives and Powers of Attorney: What's the difference?

• Date: 01 September 2021
• Author: Simons, Sherry

A complete estate plan includes three documents: a Will, Enduring Power of Attorney, and Personal Directive. Are you prepared?

A complete estate plan includes three documents: a Will, Enduring Power of Attorney, and Personal Directive. Each province and territory has its own laws about these documents.

A person normally makes their estate plan according to the laws of the area where they live. However, there may be special circumstances when a person may need two or more sets of estate planning documents. For example, if a person lives in Alberta, but also owns property in another province or country, they may need to have estate documents prepared in Alberta and also in that other province or country. When in doubt, consult a lawyer!

So, what are the differences among these three documents and what do they each do?

1. Last Will and Testament ("Will")

   A Will is a written document that appoints a person (known as your personal representative or executor) to manage your affairs and property when you pass away. Your personal representative is responsible for making funeral arrangements, taking control of all your property, paying all your bills, filing your final tax return, and then distributing any special gifts and the remainder of your cash and property.

   Your Will specifies to whom your property is to be given. You can list specific gifts to certain people for...