The law affecting families in Canada is changing. The welcome decision of the Supreme Court of Canada in M. v. H., [1999] S.C.J. 23, requiring support rights for same-sex couples signals the end of the beginning in the fight for same-sex equality in Canada.

In Ontario, the Amendment Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999, Section 25, contains the Family Law Act amendments which were proclaimed in force November 20, 1999. Any other provision of the Amendment Act not already proclaimed in force is scheduled to come into force March 1, 2000. Each statute included in the Amendment Act applying to "spouse" is thus amended to apply to "spouse or same-sex partner."

The Government of Canada is currently passing similar amendment legislation. Most of this legislation is scheduled to come into effect January 1, 2001. The Government of Canada is expected to follow the example of the Government of Ontario. 

These revisions are good, but we must still plan to take care of our possessions and loved ones through changes in our lives. Estate planning considers death, but estate planning is not simply the plan for the day you die. It includes accumulation and conservation of assets and tax-effective passing to beneficiaries. In effect, the estate plan becomes a "life-plan." Documents express your life plan. Life planning makes putting our affairs in order an important way of taking care of our lives.

Experts point out there are five areas to review yearly. These are: your will; your Power of Attorney For Property; your Power of Attorney For Personal Care; your disability and death insurance; and your domestic agreement.

A Will gives you the opportunity to appoint the person you wish to be your Estate Trustee and describes how you wish your estate to be wound up. Those who do not make their own valid will give up their chance to say how their estate will be dealt with. The legislation in place for those who do not make valid wills leaves a result that is often unsatisfactory to those left behind and is usually greater in cost.

Appointing a Continuing Power of Attorney For Property means that someone you choose can take care of your assets if, for example, you have an accident and end up in a coma or if you become ill and require an extended stay in hospital. If you choose not to appoint a Continuing Power of Attorney For Property and become unable to take care of your assets, the Public Guardian and Trustee is likely to step in and take over. Otherwise your family or friends will have to apply to the Courts for Guardianship of your estate to be able to care for your assets and pay the legal bills while at the same time managing to pay all of your other bills to preserve your assets.

A Power of Attorney For Personal Care allows someone you choose to make medical decisions for you in the event you become incapacitated and cannot make them for yourself. If you wish, a medical directive can be included that takes the place of the "Living Will." Living Wills state your wish not to be kept alive in the face of impending death by means of certain "heroic measures" or artificial life-support systems.

Life or Disability Insurance can be bought at different times in a person’s life and for different reasons. As people accumulate assets, insurance becomes not just a way to create an estate, but a way to conserve an estate so it can be passed to your beneficiaries intact. These funds can be used to pay off debts, including taxes, or to provide a source of income if you become disabled and can no longer work. For example, it is usually advisable to obtain mortgage insurance if you purchase a home.

All Domestic Contracts are formal legal agreements and should deal with legally enforceable issues. Marriage Contracts are agreements between a man and a woman who are already married, or about to be, married to each other. Cohabitation Agreements are entered into by parties who are cohabiting, or are about to cohabit, and are not married to each other. The distinction between same-sex and opposite-sex relationships is blurring as the Courts and Governments in Canada are required to assist in regulating matters between couples.

A Separation Agreement is intended to end a relationship by completing issues and allowing both parties to get on with their lives. For those who are married, a Separation Agreement can be a means of settling outstanding issues, but only obtaining a divorce can ensure there are no lingering effects that will show up later at a time when dealing with these effects could be difficult or impossible.

Lawyers in Ontario must meet standard requirements for regulation and education, must purchase liability insurance, and are subject to discipline by the Law Society of Upper Canada. Such standards do not apply to other advisors.

For further advice and assistance in completing the documents outlined above, you should contact a lawyer so that you discuss their implications with an expert. We would be pleased to assist you in completing these documents.