Published 2025-11-28 · Updated 2025-11-28 · 7 min read
Estate planning involves several distinct legal concepts that are often confused with one another. Understanding the general purpose of each can help you consider which documents may be relevant to your circumstances.
Probate
Probate generally refers to the court process by which an executor's authority to administer a deceased estate is formally confirmed. It is generally required where the deceased held certain assets, such as real property in their sole name, and financial institutions or the land title registry require this confirmation before releasing or transferring assets.
Power of attorney
A power of attorney generally allows a person (the principal) to appoint another person to manage their financial and legal affairs. An enduring power of attorney generally continues to operate even if the principal later loses the mental capacity to manage their own affairs, which distinguishes it from a general power of attorney.
Enduring guardianship
An enduring guardian is generally appointed to make personal, health, and lifestyle decisions on a person's behalf if they lose capacity to make those decisions themselves. This is a different role from an attorney, who deals with financial matters, and the two roles can be held by the same or different people depending on your wishes.
Contesting a Will
- Certain eligible people may be able to bring a claim seeking further provision from an estate.
- Claims are generally subject to time limits, so timely advice is important.
- Courts generally consider factors such as the relationship with the deceased and financial need.
- Not every disagreement with the terms of a Will will give rise to a valid claim.
Because each of these areas involves its own requirements and processes, obtaining tailored advice is the best way to understand which documents or processes are relevant to your situation.