Whether you are single or married, a parent, or a business owner, you need an Estate Package as it will help you protect your family and your future. An Estate Package is a set of legal documents that details how your assets will be managed and how personal decisions will be made if you lose capacity or if you pass away and how your assets will be distributed among the people you love. This set of documents ensures that your wishes regarding your assets, finances, and personal decisions are fulfilled. An Estate Package is comprised of a Will, a Power of Attorney, and a Personal Directive. Together, these documents provide a comprehensive plan designed to reduce family disputes and minimize costly court intervention.
Here are 10 reasons why you need an Estate Package.
When you die without a will, the government — not you — decides how your estate is distributed. The government’s intentions, expressed through legislation, likely do not reflect your own wishes. Dying without a will may result in individuals you would never have chosen gaining access to your estate. If you become incapacitated without having prepared a Power of Attorney or Personal Directive, virtually anyone could petition the court to make important financial or medical decisions on your behalf. A Will, Power of Attorney, and Personal Directive ensure that you remain in control of who may manage your affairs and how your assets, care, and legacy are handled according to your wishes.
The Executor named in your Will is the person responsible for distributing your assets after you pass away. The Attorney appointed in your Power of Attorney is the individual authorized to manage your financial and legal affairs if you lose capacity. Your Agent in the Personal Directive is the person empowered to make medical decisions on your behalf should you become unable to do so. If you pass away without a Will, or if you lose capacity without having a Power of Attorney or Personal Directive in place, the Court will choose someone for you. This process can result in delays, family conflict, and unnecessary expenses. The Court may also appoint someone who is not the person you would have chosen — or someone who is not well-suited to take control. While there are legal safeguards intended to guide Executors, Attorneys, and Agents in carrying out their duties, the number of disputes and lawsuits involving these roles demonstrates a simple truth: it is always best that you decide who should take care of everything if you cannot.
If you have minor children, your Will allows you to appoint a guardian who will take care of them if you pass away. A Power of Attorney ensures that proper arrangements are made for your children’s care if you lose capacity. Your Will can also create trusts to ensure that any inheritance left to your children is administered responsibly. A Power of Attorney provides clear direction on how your assets should be managed for your benefit and, if you include such provisions, for the benefit of your loved ones.
Without these documents, the Court decides what it believes is most appropriate under the circumstances — even if your family disagrees. Both your Will and your Power of Attorney can include provisions that ensure your children benefit from the work and effort you have put into building your estate. These documents are essential tools for protecting both your children and your assets.
An Estate Package helps prevent arguments between family members during an already emotional time. When a person dies or loses capacity, their loved ones are often more sensitive, and unfortunately, tensions can arise. In my experience, I have seen disputes triggered by disagreements over how assets are being managed, where a person lacking capacity should receive care, or long-standing frustrations rooted in family history. In some cases, these conflicts escalate to the point where family members take each other to court. Don’t leave your family guessing about what you “would have wanted.” Give them clarity—so they can focus on healing, rather than potentially fighting.
I personally know of cases where a deceased person owned property with a mortgage, and once the lender learned of the borrower’s death, they stopped accepting payments and initiated foreclosure proceedings. I also know of situations where one spouse held bank accounts in their own name, became incapacitated, and the family urgently needed access to the funds — but the bank refused, because the relatives were not legally authorized.
In all of these cases, the deceased or incapacitated person overlooked a simple truth: life is unpredictable. Accidents and illnesses can occur at any time and can affect anyone, regardless of age, background, or circumstances. As unfortunate as it is, anyone can die or lose capacity unexpectedly.
Without a Will or a Power of Attorney, your loved ones may be forced to obtain a court order to access your bank accounts or manage your financial obligations immediately — an often costly, time‑consuming, and stressful process that could easily be avoided.
6. You make your personal medical decisions
A Personal Directive allows you to choose who will make medical decisions for you if you lose the capacity to make them yourself. It also allows you to express your values, preferences, and wishes regarding your care. For example, what would you want your family to do if a doctor asks for permission to disconnect life‑sustaining machines? Without a Personal Directive, relatives often struggle deeply with these decisions because they simply do not know what you would have wanted.
Without a Personal Directive, your family may also need to seek court intervention to determine who should make medical decisions on your behalf. You do not want to put your loved ones in the position of guessing your wishes during a medical emergency.
7. You avoid unnecessary delays and costs
As mentioned earlier, when there is no Estate Package in place, your relatives may be required to make court applications, file affidavits, and sometimes wait for input from government authorities — especially when minor children are involved. Each time your family has to appear before the Court, they face significant delays and legal expenses, which only adds stress during an already difficult time.
An Estate Package is relatively affordable, and having these documents in place ensures that everything proceeds more smoothly and efficiently if the worst were to happen.
8. You protect your business
If you’re running a business, congratulations — owning a business can provide stability during difficult times and offer a sense of freedom. However, you also need to plan for who can access your accounts, manage operations, or close important deals if you pass away or lose capacity.
Without an Estate Package outlining your wishes in the event of incapacity or death, your business operations may be frozen, your company’s assets may lose value, and your loved ones may face even greater financial stress — all of which could have been avoided with proper planning.
9. You stay in control
Do you want to donate organs? Do you wish to be buried at a particular location? Do you want flowers at your memorial service? Do you want the memorial service to be religious?
An Estate Package allows you to provide clear instructions, ensuring your family knows and honors your wishes. It offers certainty during difficult times and protects your loved ones from those who might exploit them when they are most vulnerable.
10. With the Estate Package You Give Your Family Peace
At the end of the day, here’s the most important reason: An Estate Package offers your family clarity, direction, and stability during one of the most difficult times of their lives. And it comes with the peace of mind of knowing that everything is under control and your family members protected.
So, if you’ve been putting off creating an Estate Package, now is the perfect time to do so. If you have questions, want guidance, or are ready to start the process, don’t hesitate to contact us. We are here to help you with all your legal needs.
