Apparently, less than half of us have a Will, or worse the Will is not current because circumstances have changed! You should critique your estate planning documents at least once a year and definitely upon any major change in your life eg change of assets, change of spouse, change of children, change of residency, etc.
It is important to note that your Will is not effective until after death because you can change it at any moment before death. You have to make different documents to state your wishes and give power to people to help you before death eg a Power of Attorney (POA) which historically addressed financial issues and a Representation Agreement to address health issues. To understand your personal planning options, review the free info and videos on www.nidus.ca, as well as us at www.seatoskylaw.ca
Your properly drafted Last Will & Testament can give the named Executor power immediately upon death without Probate but it needs to be properly drafted - and current otherwise your preferred Executor might not be named or be dead themselves or otherwise not able to act for your estate.
Probate is the court process confirming a document is the Last Will of a deceased, either in "common form" when only the court staff approve the affidavits filed or in "solemn form" when the Will is declared valid by a judge after a hearing.
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