Howard and Rose are in their retirement and have 3 kids that are now independent and have their own children, all under the age of 15. Howard is in good health. He is a former pro soccer player. Rose is also in good physical health but has a history of dementia in her family and she is starting to show signs of the condition. They live in Ontario.

Both Rose and Howard have continuing powers of attorney for health and property naming each other to act should it be needed. Howard has a holographic will naming Rose as Executrix. Rose does not have a will. Howard has provided you with a copy of his will:

Howard’s Will

I, Howard Proper, am writing my Last Will and Testament on 04 August 2020. I name my spouse, Rose Proper, as Executrix.

I wish to leave the residue of my estate as follows:

$10,000 to the Humane Society

$5,000 to my dear friend Roxaline

My ATV to my eldest child

My boat to my middle child

My snowmobile to my youngest child

The remainder of funds equally to my wife and 3 children. If my wife should predecease me then her share should be split among the children. If my children predecease me, their share should pass to their issue.

If any beneficiaries are under age 21 at the time of distribution of funds I wish that a trust be set up for them and funds to be held until they attain age 21. I provide full discretion to my trustee to disburse funds as needed for the care and maintenance for the beneficiary before age 21.

HProper

Howard Proper

04 August 2020

A list of Howard’s accounts is also provided below:

Account	Beneficiary
Non-Registered Account	N/A
TFSA	Estate
RRSP	Rose Proper
Company Pension	Children equally
Term Life Insurance	Grandchildren equally
Whole Life Insurance	Estate

Required:

a) Explain how Rose’s powers of attorney apply if it becomes active. (3 marks)

b) Explain how Howard’s estate will be distributed upon his passing. (6 marks)

c) Explain how Rose’s estate will be distributed upon her passing. (3 marks)