Your estate is all of the property that you own, including real estate, cars, furniture, cash, stocks and bonds, insurance policies, and pension benefits. Our Wills & Estate Planning team looks after Will Preparation, Estate Planning, Probates, Guardianships, Contentious Estate Matters, Powers of Attorney and Living Wills.
Team Members: Jim Oake, Chau Nguyen, Cindy Kellett

Frequently asked questions about Wills & Estate Planning:
What is a will?
Why make a will?
When should I review my will?
What happens when there is no will?
Can I have a "Simple" Will?
What is probate and when is it necessary?
Who will look after my estate?
How long will it take to wind up an estate?
What is a Personal Directive?
What are the powers of the person I've selected to my personal directive?
What is an Enduring Power of Attorney?
Is an Enduring Power of Attorney necessary?

What is a will?

A will is a written document that details how you want your property distributed after your death. Alberta law sets out the requirements for a valid will. A will is valid only when it is in writing, signed, and properly witnessed.

Why make a will?

A will ensures that your wishes are carried out with a minimum of expense and delay after your death. A properly prepared will can save time and expense for your family and beneficiaries.

When should I review my will?

The following circumstances should prompt you to review your will:

• marriage
• separation
• divorce
• children
• changes in your financial circumstances
• the death of a family member

What happens when there is no will?

If you die without a will, your property will be dealt with in accordance with the Intestate Succession Act. The provisions of this Act may not distribute your estate as you may have wished. You will not have chosen the person you wish to administer your estate, nor specified your wishes for a guardian for any minor children.

Can I have a "Simple" Will?

At Andrew March and Oake LLP, we provide our clients with a will written in plain and easy to understand language. Dependent on your circumstances, this may be condensed to a few pages. However, the average will is about four pages of easy reading. Whatever the length, it is important that all of your personal circumstances and wishes are taken into account.

What is probate and when is it necessary?

Probate is the term commonly used to refer to the review by the Court and approval of the proposed handling of the assets of the deceased. The type and size of assets and their location usually determine whether or not it is necessary to probate an estate. Your lawyer will attempt to deal with the estate assets with a minimum of time and expense. In small estates, or where assets are jointly held, it may not be necessary to go through the formalities of probate.

Who will look after my estate?

The person who you have appointed in your will (your personal representative) is the first person entitled to look after your estate. If there is no will, then the Administration of Estates Act provides the order of priorities of who may apply to look after your estate.

How long will it take to wind up an estate?

This is a complicated question, and depends upon factors such as the type of assets in the estate, and any difficulties experienced in dealing with anyone interested in the estate. Your lawyer can give you the best estimate once he or she knows the details of the estate. In general, the probate application can be completed within weeks, but there may be delays experienced in dealing with third parties such as Canada Customs & Revenue Agency (CCRA).

What is a Personal Directive?

A personal directive allows you to choose who you wish to make your health care decisions in the event that you're unable to do so. It may provide a general or specific instructions as to your health care wishes to the person you have chosen.

What are the powers of the person I've selected as my personal directive?

Once brought to the attention of your health care providers, they would be obliged to follow the lawful wishes stated in your personal directive.

What is an Enduring Power of Attorney?

Unlike a regular power of attorney, an enduring power of attorney starts (or continues) if you become seriously ill and unable to make financial decisions for yourself.

Is an Enduring Power of Attorney necessary?

When an adult lacks mental capacity to make decisions regarding their financial personal affairs, the Dependent Adults Act allows the court to appoint a person to become a trustee for financial affairs and/or a guardian for personal affairs. The costs involved in this appointment, and the periodic reviews by the court, are substantially more than the cost of preparing an Enduring Power of Attorney. An Enduring Power of Attorney allows you to choose who you wish to look after your affairs.