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What should you look for when reviewing your own will?

wills Jul 01, 2020

Whenever we do presentations on Estate Planning in and around Edmonton, we always hear the same question… ”how often should someone update their Will?”

There is no real answer to that question because everyone’s situation is different.  What we recommend is that that you review your Will whenever there is a change in your life, such as the birth of a child, a...

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What are the rules for leaving children out of your will in Alberta?

estate planning wills Jun 17, 2020

Have you considered leaving your child or one of your children out of the property distribution in your Will?  You are not alone.  Our office deals with this question on a regular basis.

Can you leave your child out of your Will?  This would depend in large part on whether the child is a minor or an adult child who can’t earn a living because of disability. In Alberta, the...

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Eight Questions to Ask About Your Will

estate planning wills Apr 15, 2020
  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...
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Capacity: What is it and why is it needed to plan an estate?

wills Apr 08, 2020

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...

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Does Alberta have a will registry?

miscellaneous wills Feb 05, 2020

Currently, there is no mandatory will registry in Alberta. There are a couple of organizations 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...

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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...

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Do I have a right to be shown the Will?

wills Jan 08, 2020

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...

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

wills Jan 01, 2020

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...

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How "out of the box" can I be when writing my will?

wills Oct 16, 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...

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Video Wills: Verifying a Testator's Intention

wills Oct 09, 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...

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