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Will & Probate Law
PROFESSIONAL PROBATE AND WILLS LAWYER IN CALGARY
If you find yourself appointed as the executor of an estate and require assistance with the necessary steps, or if a family member has passed away without leaving a will and you have inquiries about the estate, it is crucial to seek guidance. It is also essential to determine the validity of a will and comprehend the significance of having an enduring power of attorney or a personal directive in case of incapacitation. It is advisable to consult a reputable probate and wills lawyer in Calgary to navigate these uncertainties during grief. At First West Law LLP, our legal professionals are dedicated to offering expert advice, representation, and answers to your specific concerns.
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 an essential legal document that enables you to express your desires regarding the allocation of your property following your passing. By engaging the services of a skilled wills lawyer in Calgary, you can exercise complete control over the division of your assets. This empowers you to determine the appropriate distribution of your possessions, including valuable items like automobiles or family heirlooms. Moreover, if you possess a business or investments, your will can guide the seamless transfer or succession of those assets.
Why Do You Need a Will?
Creating a will empowers you to dictate the distribution of your assets, minimizing family conflicts. It allows you to provide for minor children and specify assets for adult children from previous marriages. A will enables you to direct assets to charities or institutions you support. You can distribute property, appoint an executor, name guardians for your children, and make crucial financial decisions. Seek the guidance of a trusted wills lawyer in Calgary to ensure your wishes are legally documented and to navigate the complexities of estate planning effectively—securing peace of mind by taking proactive steps to protect your legacy and loved ones.
What Happens When You Don’t Have a Will?
If you die without a will, also known as “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 you own, your movable and immovable properties and other assets. As a result, the process becomes time-consuming and expensive for your family. In such cases, the following scenarios shall occur:
Estate Administration Act- Under the Estate Administration Act, a probate lawyer can help family members apply for a Grant of Administration. This allows the court to appoint up to three administrators to distribute the deceased’s estate.
Wills and Succession Act - After this, Alberta’s Wills and Succession Act determines who can inherit your estate. From a legal perspective, it is assumed that you would have wanted your family to get your estate. The administrator must first clear your debts and due taxes using the assets in the estate. The remaining part of the estate is given to the beneficiaries.
Monetary loss to beneficiaries - Generally, the cost of administering an estate without a will must be borne out of your estate. Your family and other beneficiaries get less money from the estate.
Security of minor children at risk - If a person dies with their spouse without a will, it will be left up to the courts to decide who will look after their minor children. In the meantime, your children might be kept in the province’s foster care system.
A properly written will is crucial to safeguard the interests of your loved ones, accelerate the release of your estate and keep in check unnecessary expenses. It lets you direct your assets to a charity, institution, or organization.
Enduring Power of Attorney & Personal Directive
Usually, when we draft a will, we will also provide an enduring power of attorney (a document selecting your 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 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 and beneficiaries and, with assistance, completes the probate process and files all tax returns of the deceased. When there is a will, a named executor must usually apply to the Surrogate Court of Alberta to receive a formal Grant of Probate to proceed. The experienced wills and probate lawyers at First West Law LLP 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.
Why Choose Us?
Partnering with First West Law LLP, you experience:
Personalized guidance: We prioritize your needs and situation, providing informed advice to help you make the right decisions. We take the time to understand your unique circumstances, ensuring our solutions align with your goals.
Wealth preservation and family harmony: Our expertise extends to preserving and protecting your wealth, addressing family dynamics, and facilitating discussions on inheritance. We strive to maintain family harmony while safeguarding your assets for future generations.
Comprehensive services: We offer a broad range of services, including creating a roadmap for your wealth and loved ones, succession planning, wealth management for farm and ranch families, and delivering presentations to organizations. Our goal is to provide holistic support for your wealth management needs.
Alternative dispute resolution: While we aim to achieve a peaceful resolution, we understand that disputes may arise. We offer options for amicable resolution through mediation, leveraging our extensive experience in private and judicial mediation. If litigation becomes necessary, we have a successful track record in Alberta courts.
Efficiency and cost-effectiveness: With our streamlined intake process developed over years of experience, we ensure efficiency and cost-effectiveness. We focus our attention where it matters most, providing value-driven services without compromising quality.
Continuous improvement: Our dedicated team meets regularly to strategize on cases, incorporate updated legislation, and review the impact of new precedents. These meetings enable us to refine and improve our processes, ensuring optimal efficiency and effectiveness.
Transparent fee structure: We begin our engagement by meeting with you to completely understand your needs and provide you with a fee range. This transparency ensures that you know the costs involved from the outset.
We are dedicated to assisting you every step of the way, preserving your wealth, and promoting family harmony.
