Ridout Barron

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Wills & Estates Archives

On what grounds can a will be challenged?

Losing a loved one is understandably traumatic, and it could be even more difficult for a surviving loved one to learn that he or she was unfairly treated or disinherited by the deceased. There could be many questions about contesting the will and not a lot of time in which to take action. Learning about the steps to take under Alberta laws will be a time-sensitive matter to deal with before the estate is settled.

Understand the responsibilities of an estate representative

When a person in Alberta does estate planning, he or she usually nominates a trustworthy person as the executor of the will. This is also known as an estate representative whose task it will be to administer the estate of the deceased person. It could be a daunting task, and it might be sensible to consider the implications carefully before accepting to play that role.

Why are formal wills preferable to holographic wills?

Although drafting a holographic (handwritten) will seems the more cost-effective way to handle estate planning in Alberta, it might be exactly the opposite. The costs of having these wills interpreted by lawyers and the courts are typically significantly higher than the costs of formally drafted wills from the onset. This also applies to the preprinted will kits that are available online.

How can a lawyer help with drafting a will?

With online options of do-it-yourself estate planning, some people in Alberta might choose this low-cost option instead of paying for the services of an experienced lawyer. However, drafting a do-it-yourself will could have an adverse and costly impact on their estates. The outcome might lead to unintended beneficiaries receiving the assets that were meant to be inherited by others.

Establishing wills and estates is crucial for business owners

Although most business owners in Alberta understand that legacy planning is an integral part of protecting their assets and dealing with succession planning. Coping with the business-related complexities such as tax issues and more could be challenging. However, seeking legal counsel who focuses on establishing wills and estates can simplify the process significantly.

Keeping wills and estates current is crucial

Some people in Alberta diligently take care of estate planning at some time in their lives, but not all of them schedule the review of these documents to make sure they remain current. The contents of wills and estates are affected by life's changes and neglecting this task may render them useless. For example, a person whose brother is listed as the guardian of his or her children in the event of death may have relocated to another province, or even passed away himself, leaving no one available for this critical task.

Trusts can accomplish many goals in estate planning

Estate planning can be a daunting process for anyone in Alberta without the guidance of legal counsel. One of the estate planning tools that can help accomplish certain goals is a living trust. This option allows a person to pass property ownership to beneficiaries immediately. Once established, a living trust can be modified throughout the testator's life, and because the trust owns the assets, it does not form part of the trustor's estate and is therefore not subject to probate.

Personal directives are essential parts of wills and estates

Alberta residents who have established estate plans will want to review those documents at regular intervals to ensure they remain current. Many of life's changes like births, deaths, marriages and divorces might affect those plans. Also, it is wise to make sure that previously named powers of attorney and personal directives are still available and able to play those crucial roles in the event of the testator becoming debilitated.

Appointing power of attorney as a part of estate planning

It is not uncommon for people to avoid thoughts about their own mortality. However, proper estate planning can provide valuable peace of mind, not only for the event of death but also to prepare for possible incapacitation. Many people in Alberta establish powers of attorney as a part of their estate planning.

Why would you include a trust in your estate planning?

Many people in Alberta might avoid thoughts about their mortality. However, the sooner they realize that death is not negotiable and debilitating injuries or illnesses can happen at any time, the better they could plan for such occurrences. Essential estate planning can be done as soon as a person starts to earn an income and acquire assets, and it can then be modified along with the twists and turns of life.

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Ridout Barron

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Calgary, AB T2R 0L2
Phone: 587-315-8454
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