This month’s blog post was written by Lori Isaj, Associate at WeirFoulds LLP.

When preparing for a “what-if” situation of death or incapacity, it is important to prepare a will(s) and powers of attorney. These documents appoint the executors of an estate in the event of death and attorneys in the event of incapacity. The executors and attorneys are tasked with significant responsibility. To make the job easier, the most helpful starting point can be a death binder.

What is a Death Binder?

A death binder, sometimes referred to as a “legacy binder”, “end-of-life binder” or a “in-case-of-death binder” is a collection of important documents and information to help attorneys for property and care, and eventually executors, manage someone’s affairs in the event of incapacity and/or death. The binder, whether physical or virtual, compiles all the information in one easily accessible and organized place.

Creating such a binder can be a significant undertaking, which can be made more manageable by collecting one category of information or documents and building from there over time. Templates and physical binders with prepopulated tabs can be purchased to provide a starting point. The following are documents and information you may wish to include:

Your Health

• A copy of your Power of Attorney for Care, including where the original copies are located and how they can be accessed
• Contact information for your attorney(s) for care and family members you would like the attorney(s) to consult before making decisions
• Contact information for your doctor(s) and other healthcare providers
• Blood type, list of medications, information on where you have your prescriptions filled, list of allergies and immunization records
• Healthcare wishes and instructions, including end-of-life wishes
• Your wishes regarding organ donation

Your Finances

• A copy of your Power of Attorney for Property (general and bank/asset specific, if applicable) and information on where originals are located and how they can be accessed
• A list of charities you regularly give to and wish to continue to do so even if incapable (depending on wording in your Power of Attorney and applicable legislation). If you have a charitable foundation or a donor advised fund, provide details and ensure a succession plan is documented
• List of and information about individuals who are financially dependent on you. List of people you employ and their employment contracts
• An inventory of all financial assets including type of account (e.g. registered investments, non-registered investments, bank accounts, etc.), account numbers, ownership (e.g. sole, joint, corporate-owned, etc.) and institutions
• A list of vehicles and boats, along with ownership and registration
• An inventory of real estate, including property tax information and leases (if you rent a property or you rent out a property). If you rent out property and use a property manager, include contact information for the manager. Include details of timeshare arrangements
• Appraisals of any art, jewellery, collectables, etc., their cost base and who to retain to help value and/or sell the items in the future if and when need be
• Details of reward and loyalty point programs
• Shareholder or partnership agreements and location of any corporate minute books
• Details of any promissory notes and details of where the original copies can be found
• If your Will includes a “hotchpot” clause to equalize gifts/advances made during lifetime which references a ledger, either include a copy of the ledger or specify where the ledger can be found. Also include copies of any deeds of gift
• Location and keys to safe deposit boxes and description of contents
• Location of any firearms
• An inventory of digital assets such as email accounts, social media profiles, online banking, online storage, online subscriptions, etc.
• List of any royalty streams, copyright and trademarks
• Copies of previous tax returns and notices of assessment
• Employer information, income details, and employer insurance policies such as disability, critical illness, and life insurance
• Pension information (employers, Canada and other countries)
• Personal life insurance policies (those you own and are the insured and those you own but are not the insured)
• An inventory of liabilities, including mortgages, lines of credit, loans, credit cards, car leases, etc.

Your Estate Plan

• A copy of your most recent Will and information on where the original is located and how to access it
• Copies of any family trust deeds and related documents as well as information on where the original documents are located
• A listing of all beneficiaries named in the Will, registered accounts (e.g. TFSAs, RRSPs, RRIFs, etc.), and life and critical illness insurance policies, including contact information such as mailing address, phone number, and e-mail address
• Funeral wishes, including details of any pre-paid arrangements
• If your Will provides that you may leave a letter of wishes regarding the distribution of household goods and personal effects, include a copy or indicate where a copy can be found
• A listing of all advisors such as lawyers, accountants, financial advisors, insurance brokers, etc. including their contact information

Important Papers

• Location of passports, as well as citizenship and residency paperwork and confirmation of where you are a citizen and where you file taxes
• Social insurance number (for Canada and any other relevant countries)
• Birth and adoption certificates (for yourself and minor children)
• Death certificate for predeceased spouse
• Domestic contracts and information including marriage certificates, marriage contracts, separation agreements, cohabitation agreements and divorce orders

Household Items

• Location and keys to primary residence, investment properties, and recreational properties and how to access the properties
• A listing of utilities, services, and providers including home insurance, car insurance, gas, propane, cable, internet, security system, cellphone, streaming services, snow removal, gardening, pool maintenance, etc.
• Organizations you belong to (e.g. community clubs, churches, social clubs, gym memberships, sporting clubs, etc.)

Your Family

• On incapacity or death who should be contacted first?
• Important details about family life: children’s doctor visits, eye doctor visits, dentist visits, allergies, medications, extracurricular activities, etc.
• Wishes for the upbringing of minor children, including guidance on education, religion, cultural integration, extracurricular activities, family involvement, etc.
• Location and contracts relating to storage of cord blood and genetic material
• Instructions for pets including care, intended caregivers, veterinary contact information and immunization records

I Have Prepared My Death Binder, Now What?

The key is to ensure that the document is secure but easily accessible. Let your attorneys, executors, and close family members know that the binder exists and where it can be found. Once the information is compiled, it should be updated frequently.

Takeaway: Prepare your Estate Planning Documents, and Don’t Forget the Death Binder

Preparing a death binder can provide peace of mind for yourself and for your loved ones. As we see a greater move to a paperless world, many of our finances, accounts, and subscriptions exist exclusively in the digital realm, making inventory and access to such accounts crucial for effective management. To ensure a seamless handling of important matters following incapacity or death, and to reduce the stress of loved ones, every household should prepare a death binder.

*An earlier version of this article prepared by Lucinda (Lucy) Main, Partner, and Lori Isaj, Associate at WeirFoulds LLP was first published in the Fall 2025 publication of Your Guide to Charitable Giving & Estate Planning.

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