Wills & Estate

At Shory Law, our wills and estates lawyers can guide you with Estate Planning and Estate Administration.

Estate Planning

Our wills and estates lawyers are here to assist you with preparing and drafting:

Wills

A will is a legal document that allows you to:

• Direct how property will be distributed after your death;
• appoint a personal representative to carry out the wishes in your will and to manage and distribute your property after death; and
• Name any guardians for children who are minors at the time of your death.

For a will to be legally enforceable, it needs to clearly state your wishes and eventually be confirmed by the courts. A carefully drafted will would prevent increased estate administration costs in the future. In Alberta, if a person dies without a will (intestate), then the Wills and Succession Act determines the next steps.

Enduring Power of Attorneys

An enduring power of attorney is a legal document that allows a person (the “donor”) to choose a person (the “attorney”) to look after the donor’s legal and financial affairs both before and after the donor becomes incapable of doing so. The Enduring Power of Attorney allows the attorney to deal with financial matters such as the donor’s home, mortgage, bank accounts, debts, bills, and insurance.

Personal Directives

A Personal Directive is a legal document that allows an adult who has capacity (the “maker”) to appoint another adult person (the “agent”) to make personal decisions for him or her at a future time if the maker no longer has the capacity to make them. A Personal Directive allows an agent to plan for non-financial personal matters on behalf of the maker, like medical treatment, residence, carrying on with life support, and other personal activities.

ESTATE ADMINISTRATION

If a family member passes away, or you are a Personal Representative named in a will, you might require a wills and estates lawyer to assist you with you dealing with the deceased’s estate.

Grant of Probate

If a family member passes away and they have left a will, you will have to ask the Court to “probate” the will and give you a Grant of Probate. Applying for a Grant of Probate proves the legality of a will and allows the named Personal Representative to distribute the deceased’s estate and assets to the named beneficiaries.

A Grant of Probate will allow the executor to deal with banks, the Alberta Land Titles office, and other institutions holding assets of the deceased.

Grant of Administration

A Grant of Administration is similar to a Grant of Probate, however, it is the grant that is applied for if a family member passes away without a will or with a will that is not valid. A Grant of Administration will allow an appointed Personal Representative to administer the deceased’s estate.

Based on the Wills and Succession Act, the law determines the priority of who will be named as the Personal Representative of the estate of a person who dies without a will. The Act also governs the beneficiaries for a person who dies intestate (without a will).

Here’s a quick guide to preparing a Will.