Celebration of Life and Dying with Dignity

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Living Happily and Dying with Dignity by Jay Chauhan*

The purpose of life is to live happily, and every moment of life must be embraced with joy and celebration. While we all know that our time on earth is finite, many people do not prepare adequately for their demise. This lack of preparation can cause significant stress and complications for the loved ones we leave behind. In an educated country like Canada, nearly half the population does not even have a will, let alone a comprehensive plan for their end-of-life affairs.

As a lawyer and someone who has recently experienced the death of my wife, Sylvia, I have firsthand experience with the complexities that arise when one is not fully prepared. Despite our efforts to plan, I am still struggling nine months later to transfer her assets into my name. Whilst I did manage to convince the bank to let me become executor without Court Probate, there weree still issues with RIFF and TFSA. Here are some essential tips for accepting the end of life and diligently planning for one's own demise.

1. Importance of a Will

A will is a fundamental document that designates an executor and beneficiaries. Even in a prosperous society like Canada, many people avoid the legal fees associated with drafting a will and opt for a template from a bookstore. While a holograph will (a handwritten will without printed words) is legally recognized, it is not advisable unless you are in a dire situation without access to a lawyer. A formally prepared will with two independent witnesses is crucial. Your choice of a trusted executor is critical because this person assumes the responsibility of managing your estate honestly and effectively.

2. The Role of an Executor

The executor must seek legal advice and prepare accounts by deducting all the expenses of the estate and then distributing the remainder to the beneficiaries named in the will. Without a will, the Succession Law Reform Act takes over, dictating the beneficiaries. The spouse receives the first $200,000 and shares the rest with the children. If there is no spouse or children, the estate goes to the parents, then siblings, and next of kin. If there is no will, the spouse may elect between receiving half the estate under the Family Law Act or intestate inheritance.

3. Preparing a List of Assets

It's important to prepare a list of assets, as they can be spread out in different places. Banks will not take the initiative to look for beneficiaries, so having a clear list ensures that your assets are distributed according to your wishes.

4. Power of Attorney

In the declining years of life, having an enduring power of attorney for health and property is essential. This can include a clause to allow the attorney to withdraw life support if necessary. One-third of the Canadian population is in the older age group, often living alone, making it difficult to have someone on their behalf to talk to a lawyer.

5. Estate Planning for Corporations and Trusts

Corporations or trusts survive the death of a shareholder or director and can be used as vehicles for estate planning. For recent immigrants, the challenge is obtaining advice from both a provincial Canadian lawyer and a foreign lawyer. Estate planning for a multi-jurisdictional property owner can be complex.

6. Funeral and Cremation Instructions

It's also important to decide and write a separate note for the executor regarding cremation or burial. Burial requires a plot, and cremation requires funeral homes that provide cremation facilities.

7. Nursing Care and Assisted Dying

In the later stages of life, health often deteriorates. Having nursing care and an understanding of the assisted dying law, now permissible, allows a person to choose medically assisted death. While the subject of dying is morbid for most people, thinking and planning your legacy is essential. For those who believe in rebirth, the thought of dying is alleviated.

8. Multicultural Considerations

In a multicultural family with Christian and Hindu faiths, as in my case, more thought and planning are required. My novel, "Love in the Empire," recaptures my life story, and I hope to see a movie made from the book. Recently, I had a computer expert create an AI avatar with my late wife's English accent. I hope to have her speak about her life, which she never got time to write about, having visited 36 countries and worked in six.

9. Legacy

The thought of dying may appear morbid to some, but more and more people these days think about the legacy they want to leave behind. In my case, I wrote a novel called "Love in the Empire," which I hope to turn into a movie. I also created a moving and talking avatar of my wife that speaks with her English accent. I hope to use this avatar to share her life story, which includes visits to 36 countries and working in six. By planning and documenting our stories, we ensure that our legacies live on, providing comfort and inspiration to those we leave behind, and our grand children will one day see them and continue the culture of our family. If you have created ideas or institutions the legacy benefits the society.

Planning for death may not be a pleasant task, but it is a necessary one. By taking the steps outlined above, you can ensure that your legacy is handled with dignity and that your loved ones are spared unnecessary hardship.

*Jay Chauhan is a retired Judge and a lawyer in England, India and Canada and author of a novel called Love in the Empire which is downloadable for $1.50 from Amazon. Jay is supporting an organization called Health Aging Institute headed by Max Haroon. A book on End of Life will be published by HAI in the near future.