Wills & Estates Lawyer in Edmonton For Your Drafting & Probate Needs

Defining a Will

A will is a legally binding written document that addresses the distribution of personal belongings, assets, and land after an individual’s death. It includes information such as the names of the beneficiaries and personal representatives who will inherit or are responsible for executing the orders in the will. If there are any children or dependents, the testator or will-maker would also specify guardian names.

Edmonton Wills & Estates: Types of Wills

There are primarily two types of wills: holograph and formal. While both types of wills are legally accepted under Alberta law, holographic wills are not recognized nationwide in all provinces and territories, such as in British Columbia and Prince Edward Island. Holographic and formal wills cannot be made by another party on your behalf. Importantly, a will requires the signature of the testator, meaning that an oral will given verbally would not be accepted.

Holograph or Holographic Wills: Handwritten Wills

Holograph wills, or holographic wills, are prepared by the testator in handwriting, typically with a pen and paper. This means that they are not typed, printed, or produced using an external device. The will-maker is the sole signer of a holographic will. To note, a holographic will needs to be entirely written by hand and cannot be partially completed through other means, such as with the aid of computers and printers. A handwritten will does not require witnesses.

Formal Wills

Unlike holographic wills, formal wills are written documents that don’t need to be handwritten. In addition to your signature, a formal will also requires the signatures of two other witnesses over the age of 18. At the time of signing from any party, you and both witnesses must be present. While another individual cannot write a formal will on your behalf, you can, however, enlist the help of a wills & estate lawyer to help you draft one.

Who Can Write a Will?

In Alberta, an individual needs to be 18 years of age or older and be of sufficient mental capacity to write a legally binding will. A factor that may affect the court’s perception of an individual’s soundness can involve their mental health history or medication history. Another factor may be the testator’s level of understanding in regards to the outcomes of the will. This may include their knowledge of how their assets or properties are distributed and to whom.

In both cases, the court may question whether or not the testator was subject to undue influence and therefore gave informed consent. If say, the testator was hospitalized and decided to change the beneficiaries of the will while under heavy medication, the will may be challenged. Another scenario could be if the testator was directed by someone who was more mentally competent at the time of writing the will, which could lead to changes in beneficiary names. This, too could lead to contestation.

Do I Need a Personal Representative or Executor?

A personal representative, or executor, carries out the terms and wishes of your will. The will-maker can appoint almost anyone at least 18 years of age, such as a family member, friend, or legal representative, to be a personal representative. This may be ideal for individuals who are concerned with the inability to transfer their estate according to their wishes after passing. Responsibilities a personal representative may follow through on include:

• Locating the will of the deceased, which may require access to a deposit box
• Collecting assets to fulfill debt payments of the deceased (mortgage, car loans, credit card loans, taxes)
• Arranging and paying for funeral and burial expenses using the deceased’s estate
• Demonstrating the validity of the will or obtaining a probate grant

Wills & Estates: The Importance of Having a Will

While most Albertans don’t have an updated will and most Canadians lack a will, it is beneficial to have one in place for the proper disposition and distribution of your estate. Surrounding laws, provincial or federal, can affect whether or not your wishes will be followed, how your assets are transferred, and to whom.

Estate Law: Dying Intestate or Without a Will

One who does not have a will after passing is an individual who has died intestate. The repercussions of not having a will in place mean that how your assets will be disposed of or distributed will follow provincial laws by default. In such a scenario, the primary beneficiary is often the spouse, while the remainder of the estate would be divided among children or dependents, if there are any. These outcomes could mean that if your intended sole beneficiaries are your children, charities, or other parties, your will may not have the desired effect. Furthermore, this could lead to family disputes, disagreements, wasted time, and place a greater strain on your economic situation.

Ensuring Your Will is Updated

Importantly, it is a good idea to update your will if there are drastic shifts to relevant laws or if you encounter major life changes. Intestacy not only applies to those without a will but can also impact will-makers who have not properly updated their wills. This can be problematic if, for instance, the testator writes a will specifying a numerical figure that each of the beneficiaries is entitled to without accounting for changes to increased wealth later in life.

Legal Complications and How a Wills & Estates Lawyer Can Assist You

Under Alberta’s provincial law, you are not obligated to have a lawyer assist you with writing a will. However, it can be helpful to enlist the help of a wills & estates lawyer if you want to ensure that your wishes will be followed through after passing. After all, writing a will can present many complications, especially if the will does not include basic legal formalities or is written in unclear language. Some examples could be the absence of beneficiary names in the will or the use of incorrect terms that differ from the testator’s intended meaning. These situations could lead to family disputes or the loss of rightful entitlements for beneficiaries. To avoid these scenarios, a wills & estate lawyer can help you draft wills or negotiate and represent on your behalf.

Defining Powers of Attorney: General Power of Attorney and Enduring Power of Attorney

Powers of attorney concern legal documents that give an individual the power to make decisions regarding your estate, properties, assets, and finances on your behalf. This can be helpful for individuals who take into consideration their inability to remain mentally competent at a later stage in life. Contrary to what the name suggests, powers of attorney can be given to trusted individuals who are not a lawyer or an attorney.

There are two main types of powers of attorney: general power of attorney and enduring power of attorney. Whereas the former authorizes an individual to manage estates when the testator is mentally capable; the latter only gives power to the individual after the testator is not mentally competent.

Defining Probate

Probate is the court’s process of verifying the validity of a will and ensuring that an individual’s debts are paid before the distribution of an estate. For instance, the court may want to ensure that a will was signed by the testator and also check the authenticity of the death certificate. If there is an absence of a will or if the will is missing beneficiary names, you may also want to probate a will. Personal representatives who are in charge of managing the testator’s assets may need to prove to banks that they have legal rights to access related accounts. While not mandated by law, personal representatives or executors may apply for a grant of probate in such a case to ensure that they have the right to administer, distribute, or dispose of estates.

How Can a Wills & Estates Lawyer Help Me with Probate Management?

A wills & estates lawyer can assist with the probate process by informing you whether or not a probate is required, helping you understand the consequences and interpretations of the will, and collecting the necessary documents to obtain a grant of probate from the court. At Bhardwaj+CO, our lawyers specialize in Edmonton wills & estates to help you strategize a plan. We will prepare customized solutions that take into account probate outcomes and determine the best possible course of action that meets your goals.

The Importance of Estate Administration

When it comes to estate administration, wills & estates lawyers can help you with collecting information on assets or debts, preparing and submitting documents for a grant application, and ensuring that the terms of the will are followed accordingly. The court may appoint an Administrator of Estate in the absence of a will. In the presence of a will, an administrator may also be appointed if there is no executor named in the will or if the executor is unable to or does not follow through with the terms of the will. In the case that there are family conflicts or if an appointed executor renounces their role, you can also hire a lawyer to act as a personal representative to help with estate administration as a neutral party.

Estate Litigation Services a Wills & Estates Lawyer Can Help You With

There are various potential sources of conflicts that can arise from the interpretation of a will. This could lead to contestation over the administration of funds in a will or a trust, the deceased’s mental capacity at the time of the signing of the will, and guardianship representation. Types of issues that can stem from estate litigation include, but are not limited to:

• Questioning the validity of the will
• Forgery or fraudulent wills
• Non-compliant wills that lack legal formalities
• Trustees not following through with conditions set in the trust
• Disagreements between trustees and beneficiaries
• Personal representatives who do not carry out duties in the will

Whether you are looking to resolve litigation issues through negotiation, mediation, arbitration, or representation, our lawyers at Bhardwaj+CO will work with you to find the most cost-effective solution that respects your future financial wishes. We will craft a custom legal strategy that considers the benefits and consequences of a dispute, allowing you to move forward with an actionable plan.

Why Should I Choose Wills & Estates Lawyers from Bhardwaj+CO?

At Bhardwaj+CO, our team of expert wills & estates lawyers in Edmonton can help ensure that your will aligns with your goals and needs so that your legacy will be properly carried forward. Our firm provides drafting, probate, estate administration, and estate litigation services to assist you with navigating complex legal gray areas, creating a solid legally compliant strategy, and preventing unpredictable outcomes. We prioritize your time, financial situation, and intended objectives and are dedicated to helping you find efficient and effective solutions.