Wills, Powers of Attorney and Personal Directives
Getting your will done is one of the most important things you can do to ensure your loved ones are taken care of after you pass away. However, so many of us don't have a will because the process seems overwhelming, confusing and, let's be honest, kind of morbid. It's difficult to think about the possibility of our own demise, but 100% of our clients all say they feel much better once their wills are done. All our fees are listed HERE.
It is especially important to get your will done if:
you have children;
you are part of a blended family;
you are separated or divorced;
you don't have any immediate family;
you are in a common law relationship;
you own real estate; or
you have a high net worth
Our lawyers give you practical advice to help you make decisions about how your will is written.
Here are answers to some of our most frequently asked questions about Wills:
QUESTION: WHY DO I NEED A WILL?
You need a Will to:
- Decide who will get your assets;
- Decide who will be guardians for your children;
- Set up trusts for your children; or
- Decide who will be your executor.
QUESTION: WHAT IF I DON'T HAVE A WILL?
If you do not have a Will, someone will have to apply to the court, or the court will appoint an executor of your estate. Your estate will be divided pursuant to Alberta legislation, and a public trustee will be appointed to manage trusts for your children until they are 18 years old. Additionally, the court will choose who will raise your minor children.
QUESTION: WHY DO I NEED A LAWYER TO DRAFT MY WILL
- A lawyer will help to ensure that your Will is properly drafted and properly signed. It is easy to make mistakes when drafting your Will by yourself, such as not fully distributing your estate, or gifting assets twice, which would invalidate your Will. If the Will is invalid, your loved ones may have to make a costly application to the court to distribute the estate.
- A lawyer will help you think about certain issues that you may not have thought of, and will help advise you on practical recommendations for dividing up your estate.
QUESTION: WHY DO I NEED AN ENDURING POWER OF ATTORNEY
You need an Enduring Power of Attorney if you want to:
- Appoint someone to be in charge of your finances, including selling and buying real estate, when you cannot do so for yourself; or
- Avoid costly applications by your loved ones to become appointed court-ordered decision maker.
QUESTION: WHY YOU I NEED A PERSONAL DIRECTIVE
You need a Personal Directive to:
- Appoint someone to be in charge of your medical care and decisions when you cannot make them for yourself;
- Outline your medical wishes in the case of different medical circumstances; or
- Avoid costly applications by your loved ones to become appointed court-ordered agent.