Wills – The required age is 19 with exceptions. Holograph Wills are permitted. Marriage revokes a Will unless it contains a declaration that it is made in contemplation of marriage or another exception is met.
Power of Attorney for Property – The required age is 19. The power of attorney can either terminate on incapacity or survive it.
Power of Attorney for Personal Care – The required age is 16 to prepare a Personal Directive but it is 19 to make either a supported decision making agreement or a representation agreement. A Personal Directive allows the grantor to appoint a proxy to make care decisions when the grantor no longer has capacity. Personal Directives must be prepared with a lawyer.
Supported decision making agreements are only valid while the grantor is capable and allow them to designate a person to assist with certain decisions (financial or care but not consent to treatment) but not make decisions for the grantor. Representation agreements are also only valid while the grantor is capable. They allow the grantor to designate a person to make day to day decisions for the grantor while the grantor is still capable.
Estate Administration Tax (probate fee) – The applicable fee is determined according to the following schedule: up to $10,000 of estate value – $25; over $10,000 but not over $25,000 of estate value – $100; over $25,000 of estate value but not over $125,000 of estate value – $200; over $125,000 but not over $250,000 of estate value – $300; over $250,000 of estate value – $400. The maximum fee is $400. Also note that the value of debts and liabilities can be deducted against the value of the personal and real property that is subject to the fee.
Age of Majority – 19