They say you can't pick your family, and nowhere is this more evident than in the field of estate law. Unfortunately, we all have at least one relative with whom we're not on great terms When there's a death in the family, those simmering conflicts tend to boil to the surface.
Someone might get left out of a will and set out to challenge the estate distribution. There may be valid reasons to contest a will.
However, to successfully contest a will you'll need to know the grounds for doing so. We'll discuss those in this article.
Will & Probate Law
Professional Wills and Probate Lawyers in Calgary
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
- Probate
- Enduring Powers of Attorney
- Personal Directives
- Trust Agreements
- 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 LLP to request a consultation regarding your will or probate matter.
What Is a Will?
A will is a legal document that documents your wishes pertaining to the distribution of your property after your death. 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.
Why Do You Need a Will?
Creating a will can ensure that you are in control of the distribution of your assets after your death. Having a will can ensure that your family and loved ones do not have to go through unnecessary financial and emotional distress over property disputes. Relatives battling over your possessions can weaken what may have otherwise been a strong family.
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.
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.
A will allows you to distribute your property, name an executor, appoint guardians for your children, forgive your debts and take other financial decisions regarding the ownership and control of your movable and immovable properties.
What Happens When You Don’t Have a Will?
If you die without a will in place, that is “intestate”, your property and assets get divided as per Alberta’s Wills and Succession Act. This comprises the money in your bank accounts, any other securities owned by you, your movable and immovable properties and other assets.
Enduring Power of Attorney & Personal Directive
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.
Related Posts
Read more about wills law in our related blog posts:
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21/01/2022What Are the Grounds for Contesting an Estate?Read More -
26/08/20214 Reasons to Hire a Lawyer to Probate an EstateRead MoreDo you wonder what will happen to your estate after you're gone? Is dealing with estate-related conflicts affecting your well-being? Well, you should know you're not alone.
Covid-19 was an eye-opener for citizens across Canada. A 2020 survey reported that over 30 percent of Canadians talked about properly protecting their estate during the pandemic. Yet, many of these conversations won't have accounted for a crucial step in this process.
If the thought of handling an estate causes you anxiety, we are there to help. This guide will highlight 4 reasons to hire a lawyer to probate an estate. -
25/02/2021Having Hard Conversations: How to Cover Estate Planning Basics With Your ParentsRead MoreAs your parents get older, it's important for them to have a plan in place for end of life planning or in case anything should ever happen to them. If your parents don't have a will or other estate planning basics in place, it’s crucial to begin broaching the subject. The conversation is quite difficult as it is, so you'll want to proceed with empathy and patience. Many parents might even claim you're too worrisome or think they're incompetent, but this isn't the case. By having their affairs in order when they pass, your parents can ensure their wishes are met and provide direction for loved ones.
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12/06/2020Do Your Parents Have Enduring Powers of Attorney and Personal Directives?Read MoreIt can be difficult to discuss the prospect of serious illness or age-related cognitive decline with your parents, but it will be more difficult to handle health care decisions and financial matters if these conversations don’t take place in advance, while your parents have mental capacity to make a plan. Do your parents have enduring powers of attorney and personal directives? Do you understand the difference between the two, and the importance of having both an enduring power of attorney (“POA”) and a personal directive (“PD”) in the event of a parent’s incapacity? If you do not know the answers to these questions, you should read on for more info, or reach out to our team of experienced wills and probate lawyers in Calgary.
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11/04/2019Probating a will in Alberta: Initial StepsRead MoreProbating is the legal process of validating a will and giving an executor the authority to act on the deceased’s behalf. This process is required in most circumstances, and you should consult a probate lawyer even if the will is not complicated. While in some circumstances a will may not need to be probated; only a lawyer can tell you for certain.
For their protection, banks, trust companies and other financial institutions need proof that an individual is the executor of an estate before turning over funds to them. If there’s no will, assets are divided in accordance with Alberta estate law, and family members can apply to be administrators of the estate. -
26/03/2019Have your parents signed an enduring power of attorney yet?Read MoreAppointing someone under an enduring power of attorney means authorizing a person (usually a family member or friend) to make financial decisions and transactions on your behalf if you become mentally incapacitated. It is a wise precaution and one everyone, especially seniors, should seriously consider.
If you have elderly parents and they haven’t yet begun to think about appointing an enduring power of attorney, you should begin discussing the subject with them. Here’s what you need to know. -
19/09/2018DOES YOUR WILL PROTECT YOUR CHILDREN’S RESP?Read MoreA Registered Education Savings Plan (RESP) is a popular and useful way to save for a child’s or grandchild’s post-secondary tuition, including government matching contributions known as the Canada Education Savings Grant (CESG). But what happens if the RESP subscriber dies. Is the RESP safe? Will the intended beneficiary receive the funds? Will the CESG portion be lost?
