Developing a will or estate plan can be hugely beneficial for an individual and their family. Estate documents include a will, a power of attorney, a personal health directive, and trusts. These documents provide certainty during your life if you become mentally incapable of making decision, and upon your death by formalizing the handling of you estate. At McLean Legal Family Lawyers, we can help you draft and prepare you estate documents in accordance with your wishes.
Simple & Complex Wills
A will is a crucial document that stipulates the distribution of an individual’s estate after they pass away, which may include real estate, money, and personal belongings. A will can provide for specific gifts, ongoing support, life estates, guardianship of children, and dispute mechanisms, to name a few. A will can be simple or creative, depending on your specific situation. A formal will can minimize family disputes and legal proceedings.
Enduring Power of Attorney
A power of attorney document allows you to appoint a person to manage your financial affairs. This document can be broad or specific and can come into force immediately or only upon mental incapacity (e.g. from an accident, illness, or age). For estate planning, it’s important as it allows you to appoint someone you trust to manage your financial affairs.
Personal Directive
A personal directive has two important functions. Firstly, it allows you to make specific directions about your care and medical wishes. It sets out your desired level of medical assistance and end-of-life care. It also helps to alleviate any additional stress for your loved ones, as they will not have to guess about your medical decisions. Secondly, it allows you to appoint someone you trust who will follow your wishes and make decisions in your best interest. In addition to a medical decision, they can be given the authority to determine where you live, who you associate with, and if you work or go to school.
Probating an Estate
Not every estate is legally required to be probated; it ultimately depends on what is in the estate and how it has been set up. Generally, if an estate holds real property, investments, shares or stocks, or bank accounts, it will need to be probated. Our lawyers can assist the executor or administrator in understanding their obligations and prepare the necessary documents for an application for probate. After probate is granted, our lawyers can assist with debtors, notices, releases, certificate of clearance, and interim and final payments.
Estate Litigation
When estate issues cannot be resolved amicably, the next step is litigation. In estate matters, we are able to represent executors, administrators, beneficiaries, or third parties. Estate litigation can including the following:
Having a will provides a sense of ease knowing that your loved ones are taken care of. These documents provide specific directions to reduce confusion about your intentions and wishes to reduce disputes. Also, you can control the distribution of your estate. Without a will, your estate is disbursed in accordance with the Will and Succession Act. As the leading estate lawyers in Calgary, we can draft a will that meets your needs.
What’s included in your will depends on your situation. Wills can include directions regarding specific gifts or legacies, life estates, the residue, maintenance or support, trusts for dependents, guardianship of children, who your executors will be, who your beneficiaries are and any alternative beneficiaries.
We can help you decide what to include in your will based on your situation.
The administration of an Estate can be scary and overwhelming. We can assist you by helping you understand your obligations under the Estate Administration Act, providing directions on your duties, and helping to prepare the necessary documentation for probate. Whether the estate has a formal will, holographic will, or no will, we will use our experience and knowledge to help you.
We will review your estate wishes, your legal obligations, and your current situation. Furthermore, we will help identify and resolve any concerns that may arise due to future plans, family conflict, or legal obligations. It is very important that the directions in your will are clear. Ambiguity can cause confusion for your executor, lead to litigation, and cause unintended consequences (e.g. alter how you estate is disbursed).
A formal will is one that meets legal requirements set out in the Wills and Succession Act. A holograph will is prepared solely in your handwriting and is signed at the end only by you.
You should review your will and estate documents every 2-5 years or after any major life events, such as marriage, divorce, having children, death of a loved one or major financial changes. Reviewing and updating your will with our family lawyers ensures that it reflects your current situation and wishes.
Yes, it can be. You can revoke your will by destroying it or having a written and signed statement that you are revoking it.
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