will

Is my will valid after my divorce?

Yes, but a gift to your former spouse may or may not be revoked. If you divorced after February 1, 2012, then a gift to a former spouse is void and the rest of the will is good. This means that the terms of the will apply as though your former spouse predeceased you. If […]

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Advertising for creditors of a deceased person

Have you been named a personal representative (formerly called an executor) of someone’s estate? There are a number of things to be aware of and one of the first things to do when starting to administer the estate is to advertise for creditors. This draws a line in the sand for the deceased person’s creditors […]

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Is my will valid after my divorce?

Yes, but a gift to your former spouse may or may not be revoked. If you divorced after February 1, 2012, then a gift to a former spouse is void and the rest of the will is good. This means that the terms of the will apply as though your former spouse predeceased you. If […]

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Is a do-it-yourself Will valid? Does it need witnesses?

There seem to be two common types of do-it-yourself wills out there and both require the maker, or testator, to sign the document. The first is created using a will kit and contains a template. This one requires two witnesses to sign the will, in the testator’s presence, after the testator has signed it. The […]

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When I’m acting as a personal representative (executor), do I need to be in contact with the beneficiaries?

While clear and regular communication with beneficiaries is always a good idea, it is also a requirement. At minimum, you are required to notify the beneficiaries of the following information: the name of the deceased person, your name and contact information, the gift the beneficiary will receive from the estate, and that gifts are subject […]

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Divorced? Have you changed your will?

Recent changes to estate legislation in Alberta now cause a gift in a will to a former spouse to be revoked, unless a contrary intention can be shown. However, this new rule only applies to situations where the divorce was granted after the changes were proclaimed, which happened in February 2012. If you were divorced […]

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Ask an Expert: Why would I pay a lawyer to assist me in drafting my enduring power of attorney and personal directive?

While there are many resources available to assist people in creating their own documents, it is important to ensure that you are thorough and that all arrangements, including those in your will and those between partners or spouses, all work together. A lawyer is like any other expert, in that he or she can offer […]

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Ask an Expert: My mother just passed away and I am the executor or personal representative named in her will. Do I have to meet with a lawyer right away?

You are certainly welcome to meet with a lawyer to discuss your responsibilities, and whether you wish to assume that role, at any time. Having said that, so long as any urgent matters, like ensuring property is secure and that it will remain insured, have been taken care of, the rest of the estate administration […]

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Ask an Expert: I would like to make a few minor changes to my will. Do I need to redo the current will? Can I do a codicil instead?

The answer to the first question is no, and to the second is yes. However, I would recommend the opposite! A codicil is a short document to which the same rules of execution apply as for wills and which must be attached to your original will setting out the changes. Codicils can create more problems […]

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Ask an Expert: What does probating an estate mean?

When someone dies, we often hear people referring to “getting probate.” An application for letters probate from the court refers to the process of formally proving a deceased person’s will is valid. An executor is then authorized to act on behalf of a deceased person’s estate, including distributing the net assets to beneficiaries. Once done, […]

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Ask an Expert: Why do I need a personal directive, an enduring power of attorney, and a will?

With the holiday season now behind us again, thoughts often turn to getting organized and looking toward the future. While you likely do not like to think about your own demise, it is important to think about your legacy, how you wish to be cared for should you become mentally incapable, and how you wish […]

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Ask an Expert: What does “probating an estate” mean?

When someone dies, we often hear people referring to “getting probate.” An application for letters probate from the court refers to the process of formally proving a deceased person’s will is valid. An executor is then authorized to act on behalf of a deceased person’s estate, including distributing the net assets to beneficiaries. At that […]

Read More...

Ask an Expert: Divorced? Have you changed your will?

Recent changes to estate legislation in Alberta will now cause a gift in a will to a former spouse to be revoked, unless a contrary intention can be shown. However, this new rule only applies to situations where the divorce was granted after the changes were proclaimed, which happened in February 2012. If you were divorced before 2012, a gift […]

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