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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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    A 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?

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