Wills and Estates/Probate Applications
We offer a full compliment of legal services in the area of wills, estates, probate applications, personal directives and enduring powers of attorney. Our team of professionals is able to handle any of our client’s needs in these areas, including the preparation of Wills, providing advice with respect to estate planning and estate administration, services in the areas of applications for probate, as well as applications for administration of estates, providing advice and preparing documentation with respect to enduring powers of attorney and personal directives. Wills are required to make sure that your estate is distributed in accordance with your wishes and not in accordance with Government law which is often arbitrary and will often not reflect your wishes. Personal directives are required to make sure that medical staff are properly instructed regarding the types of medical services that you may prefer to have or not have in the event of catastrophic injury or illness. Enduring powers of attorney are required whenever someone is unable to take care of themselves or to provide for themselves due to mental or physical disability.
We provide services to probate estates (where someone dies with a will) and administer estates (when someone dies without a will). In addition to estates for Alberta residents, we also administer estates for persons who resided outside of Alberta, but had property located in Alberta.
We assist people who wish to order their affairs with the preparation of their wills. Wills are required to select a person who will be entitled to administer the estate, and to provide for the transfer of assets on death to the individuals that are cared about. Wills can also be used for other purposes, such as to appoint Guardians for dependent children, and to establish trusts to allow for administration of assets going to these dependent children, and going to others who are not capable of managing their own legal affairs.
Applications for Probate and Administration of Estates
Our legal professionals are able to handle any of our client’s needs with respect to making an application for probate or administration of estates, providing advice with respect to estate planning issues so as to minimize taxes payable and maximize a portion of your estate that you are able to leave to your beneficiaries and loved ones and to otherwise assist our clients in this often difficult part of the law.
Enduring Powers of Attorney
We assist clients in the preparation of Enduring Powers of Attorney, which are used to give another person the legal ability to manage that person’s assets if the person becomes unable to do so by reason of mental disability. This is particularly important between spouses, as a spouse has no legal ability to manage the other spouses' assets without this document. Without this document, a Court Application for the Court appointment of a Trustee would be necessary if a person becomes incapable.
We help individuals prepare a personal directive, which gives another person the legal ability to make all of the non-financial decisions that need to be made if that individual becomes mentally incapable. The person appointed has a legal responsibility to ensure the decisions and actions that are carried out are what the person making the document would wish to happen. These decisions involve issues like residence, medical care and life support. Without this document, an Application to the Court for the appointment of a Guardian would be necessary if a person becomes incapable.