The legacy of love blog

Do I have a right to be shown the Will?

executor will Nov 29, 2019

Every month, our office receives calls from people who are seeking legal advice on their right to view a Will. They tell us that the executor of an estate is refusing to show them the document and they want to know what their rights are; and the answer to this depends on who they are and what their relationship is with the deceased. Let us explain.

An executor is entitled to maintain the privacy of the deceased. There is no legal obligation for them show the Will to...

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Why is it important to review your Will?

will Jul 02, 2019

Your Will is the document that specifies how your estate will be distributed upon your passing. Once it is made, it should be reviewed and updated to account for any major life changes. Many people will create a Will, store it in a safe place, and then forget about it, failing to consider that when it comes time to read the Will, it may not adequately address new or altered relationships and circumstances. Here are three reasons why you should review your Will:

You need to appoint a new...

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Mobile Wills

estate planning will May 08, 2019

Our clients are increasingly mobile and often have connections to multiple jurisdictions. They may own a house in Palm Springs, have bank accounts in the UK, a cottage in Croatia, or a business in Spain.

Our office once dealt with and estate where a husband and wife had been married for several years. They had three lovely children, and owned a successful business in Edmonton. When the husband past, everything rolled over to his wife...BUT the condo in Hawaii! We had to take the Canadian will...

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How does having stepchildren affect your estate plan?

Each blended family is unique. Maybe your second marriage happened later in life, after your children and your spouse’s children became adults; as a result, maybe you don’t want to include your stepchildren in your Will. On the other hand, you may have a very close relationship with your stepchildren, having raised them as if they were your own. In this case, you may very much want to ensure that they get to share in your estate when you die. 

If you DO want to provide a...

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It’s a New Year: Make or Update your Will!

will Jan 16, 2019

Many of us make New Year’s resolutions each year and, more often than not, these resolutions prove to be unsustainable. In fact, right about now, you may be starting to question whether or not you will be able to achieve some of your goals! Making a new Will or updating an existing Will is a resolution that is relatively easy to achieve.   

Two of the most important functions of a Will are:

  1. To appoint an executor to manage your affairs and wrap up your estate when you are...
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Holograph Wills

estate planning will Jan 03, 2019

If your parent has written down their wishes and it is entirely in their own writing, we will treat it as a holograph Will.

A holograph Will is a Will that is in the testators writing with no other written words on the document.

One of the most famous holograph Wills is actually found at the University of Saskatchewan. In that Will, a farmer was out farming, cut off his arm and bled to death. He wrote his Will on the fender of a tractor saying ‘I leave everything to my loving...

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Does every Will have to be probated?

probate will Dec 13, 2018

No, not every Will has to be probated. For instance, assets that are held jointly with a right of survivorship would pass outside the Will. As another example, a home held jointly between a husband and wife would pass to the survivor of them upon the death of one of them. Probate is not needed to transfer title to the home and for this reason, probate does not typically occur on the death of a spouse.

Many people place their children on title to their home in the hopes of avoiding probate....

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Check Your Own Will

will Nov 27, 2018

Many time clients come to our office with wills that are old. They are unsure if their will needs to be updated, even though their will maybe 44 years old (yes this did happen). Here are some basic things that you should be checking for when looking over your old will or if you are reviewing a will to determine if you should be the executor of a will:

 

Item

Yes

No – Contact An Estate Lawyer if

The Will is the original.

 

If the Will is a photocopy

The Will...

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Should you preplan your funeral?

Preplanning your funeral can act as a gift for your family when you are no longer around. In addition to the grief that they will be experiencing as a result of your passing, your family and friends may stress over the details of planning a funeral. They may be uncertain as to whether or not you would have wanted particular services or may be concerned about your approval. By preplanning services and events, your loved ones will be able to celebrate your life with peace of mind in knowing...

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Writing your memorandum

estate planning will Oct 11, 2018

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...

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