The legacy of love blog

Wills Registry

wills Feb 13, 2020

Currently, there is no mandatory wills registry in Alberta. There are a couple of organisations trying to make a wills registry in our Province. Two that I know of are:

  1. Registry agents virtual vault - https://registryagents.com/alberta-virtual-vault
  2. Wills registry - https://www.noticeconnect.com/how-it-works/canadawillregistry/

There is a registry in British Columbia. If you are looking for a will in that province take a look at BC Wills Registry

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Should my 18 year old have a will?

In Alberta, most people have to be 18 years of age to write a will. There are a variety of exceptions to this rule, for example if you a minor has a child or is a member of the military then you may be able to write a will while you are a minor. However, by and large most minors are unable to create a will in Alberta until their 18th birthday. 

Should your child write a will when they turn 18?

Like so many things in life, the answer depends on your child circumstances. Some reasons to...

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Should I appoint joint executors in my will?

executor & estates wills Jan 01, 2020

A Co-executor is by definition are a bunch of people who work on an estate together. They share in the duties and responsibilites of the estate work. Co-Executors are to work together and be of one mind on all estate decisions. An exception to this rule, is where the will specifically says if the co-executors do not agree then a majority vote allows executors to act in a certain way.

Having all co-executors agree on anything is frequently impossible. This is to be expected when you have...

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Do I have a right to be shown the Will?

executor & estates wills 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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The Taxman and Executor Compensation

executor & estates wills Nov 28, 2019

An executor recently reached out to us to let us know that they were unhappy with having to pay the CRA tax on their remuneration for acting as executor of the estate. 

Paying taxes suck. We all hate paying taxes. Being paid for being an executor is no different then picking up a pay cheque for your work as a  teacher, truck driver or business owner. Your being compensated for the work you have done and and this money needs to be declared to Revenue Canada.

Executor...

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How "Out of the Box" Can I Be When Writing My Will?

wills Oct 08, 2019

While many people don't have a Will in Canada ( 51% according a 2016 Angus Reid Institute poll), some of us can't help but leave little creative twists in the ones we do make. There are a range of example, take for instance Roger Brown; in his Will he bequeathed 3500 pounds be left to his seven friends so long as they use it to fund a "boozy trip" to Europe. 

Or perhaps some prefer the sweeter bequest by Jack Benny,  a US comedian, who left instructions that one long-stemmed...

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Capacity: What Is It And Why Is It Needed To Plan An Estate?

wills Sep 13, 2019

In Alberta, the only limitation to a person over 18 signing a Will, Power of Attorney and Personal Care Directive is that they have the mental capacity to do so. It may seem like a simple concept, but the truth is many people don’t know that capacity is required to have these documents made for individuals.

Why is Capacity Needed?

The largest concern for these Estate Planning documents is that the person executing them, at the time of execution, understood the nature and effect of...

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Executor Compensation in your Will

executor & estates wills Sep 12, 2019

Being an Executor (or personal representative as they are known in Alberta) is hard work. Once you have picked someone you trust who can be responsible to wind up your estate, attention to detail so they can deal with all the little things surrounding your demise, and the tenacity to keep going and complete the job until the end. 

When you ask someone to be your executor you are asking someone to take one year out of their life to wind up your property. In many cases the executor is not...

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The Line Between Influence and Undue Influence

wills Sep 04, 2019

In a time that should be allocated to grieving over the loss of a loved one and celebrating their life before passing, the friends and family of Brooke Astor were thrown in a legal battle that lasted almost 7 years after her death in 2007.

The Astor fortune was said to be around $100 million at the time of Brooke Astor’s death, and as a well known philanthropist, Mrs. Astor left much of that to charity, while still providing very generous legacies to her many friends and family members....

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Videostar Wills!

wills Aug 29, 2019

Something that is often forgot throughout lengthy, expensive and emotionally exhausting estate litigation cases is that the court is taking so much care and diligence, and thus time, in hearing these cases because they are trying to determine the intentions of a person who has passed.

This task is rendered all the more difficult if there is ambiguity in wording, missing information or uncertainty in which is the true last Will of the testator. The focus for today’s blog is the latter of...

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