Writing your Memorandum

• Describe the item in enough detail so that it cannot be confused with another item;
• Identify the recipient by name and if necessary, relationship so that there can be no confusion;
• Date and sign the Memorandum;
• Store the dated, signed Memorandum with your signed Will;
• Let your Executor know that there is a Memorandum.

Changing Your Memorandum

Edits made on a Memorandum, even if initialed and dated, may be questioned regarding authenticity.  If you wish to make a...

One of the most preventable causes of a failure to sustain a family business across generations is a lack of preparation and in particular, the development of a succession plan. Unfortunately, a considerable portion of family businesses have no succession plan in place.  

Below you can find a list of a few simple steps that can be taken within a family business to increase the chances of a smooth transition of the company from generation to generation.  Of course, there...

A do-it-yourself (DIY) legal Will kit that is correctly filled out can save you about $500 and take care of your assets after you die – but are these Will kits a good idea?

In order for a form or document, like a Will, to be truly effective and to stand up in court if challenged, it must be filled out and executed (signed) correctly. Most people do not know or understand the legalese on the forms and make guesses, which can invalidate the document; in our experience, most people...

Some of the most meaningful Wills are those that include messages to family members. These Wills provide a message that can be delivered from beyond the grave.

One of my personal favourite Wills was a Will that was written by a wonderful elderly school teacher who had a close group of friends that got together every week for a cup of earl grey tea and fresh biscuits. Over the course of her life she had collected and been given many beautiful tea pots. Upon her death, her Executor had an...

Often times, Wills don't get the attention they should and frequently end up being little more than an add-on service provided by a lawyer when you purchase a new home or a 'do it yourself' document.

Here are 4 common mistakes that our office sees quite often:

1)     Leaving too much money to kids too early...

If you and your spouse die simultaneously and you add up all your assets, like the value of your house, life insurance, investments, and pension benefits, your estate may...

In my practice, I am frequently consulted by seniors who are considering putting their home or cottage into “joint names” with their children. This way they can avoid Estate costs and taxes. While that is true, there are a few factors and legal consequences that people should be aware of before they place their land into joint names with a person other than their spouse. For instance:

1. Probate fees in Alberta are relatively low and are a maximum of $525.00 for estates more than...

Today I met with a client who was joint executor with his brother on his parent's estate. He has found that his brother's help has been no help at all - in fact, it has frustrated him. What has his brother done? Nothing that that is too bad. He has come to all the meetings and done the bare minimum to be an adequate executor. The client I met with took his position very seriously and diligently took notes on the actions he had made, advised family members of where the estate was at and...

One of the most abused legal documents is the Power of Attorney. It can give power to a person who might misuse it and leave you powerless in controlling your own life. Same goes for a Personal Care Directive because if this document is ill-prepared, you could end up receiving medical care in a way you never wanted. However, without these documents, you and your family could face costly litigation to unfreeze your assets, or you may be resuscitated when you didn’t want to be. At Estate...

Death and taxes. You might be able to avoid taxes, but you cannot escape death. It is not a topic most people want to talk about, so many of us are not prepared for the legal issues that come with dying and incapacitation. That is why making your Will and other estate planning documents are important.

At Estate Connection Law Office, we can help relieve that stress for you and your loved ones. I have been practicing law in this community for 12 years and spent the last 8 years at Weary &...

1. Do you have the original Will?
2. Is there an Affidavit of Witness attached to the Will to show that the Will is genuine?
3. Is your estate still being distributed the way you would like, including charities to provide a tax benefit?
4. If you have minor beneficiaries, do you have a trust in the Will?
5. Have you indicated funeral instructions or information on organ donation?
6. If you are contributing to someone’s RESP, have you planned for someone to be an alternate contributing subscriber?
7. Are...