Will & Probate Law
Are you unsure of how to proceed after being named the executor of an estate? Has a family member passed away without leaving a will? Do you have questions concerning the estate? Do you have a valid will? Do you understand the importance of an enduring power of attorney or a personal directive in the event of your incapacity? For help navigating these uncertainties during times of loss, seek out the legal advice and representation services of a wills and probate lawyer in Calgary. At First West Law, our lawyers are here to provide answers to these questions and more.
Find Help for Will & Probate Issues
Our wills and estate lawyers provide the following services:
Drafting a Will
Enduring Powers of Attorney
Guardianship & Trusteeship
Challenges to Wills
Don’t let the courts decide your family’s future —call the wills and probate lawyers in Calgary at First West Law to request a consultation regarding your will or probate matter.
Why Do You Need a Will?
Creating a will gives you sole discretion over the distribution of your assets. It lets you decide how your belongings, such as cars or family heirlooms, should be distributed. If you have a business or investments, your will can direct the smooth transfer or transmission of those assets.
If you have children who are minors, a will lets you provide for their care. If you have children from a prior marriage, even if they are adults, your will can dictate the assets they receive. Creating a will also minimizes tensions between survivors. Relatives battling over your possessions can weaken what may have otherwise been a strong family.
If you are charitably inclined, a will lets you direct your assets to the charity of your choice. Likewise, if you wish to leave your assets to an institution or an organization, a will can see that your wishes are carried out.
Normally, when we draft a will we will also provide an enduring power of attorney (a document selecting your personal representative in the event of incapacity) and a personal directive (a set of instructions provided to your agent regarding your medical and other personal matters in the event of an incapacity).
Estate Administration & Probate
Probate is the legal process of validating the will of a deceased person. The probate process protects the executor from claimants of the estate by obtaining court approval for the disposition. The executor determines the estate’s debts, assets, distributable gifts, beneficiaries, and with assistance, completes the probate process and files all tax returns of the deceased. In instances where there is a will, a named executor will usually need to apply to the Surrogate Court of Alberta to receive a formal Grant of Probate in order to proceed. The experienced wills and probate lawyers at First West Law in Calgary can help you plan your affairs so that the expense of probate may not be necessary in some cases.
For instances where there is not a valid will, your family will need to apply for a Grant of Administration. Our experienced wills and probate lawyers in Calgary will help you through the process.