Wills, Estates and Notarizing FAQ

There are many factors that you should consider before choosing a lawyer. Experience, personal service, availability and straightforward answers are the most important. Usually the lowest price quote may not be the best choice. Ultimately, you get what you pay for. Mid range quotes are usually the best bet.

It is in your best interests to have a lawyer prepare a proper legal will for you in order for your wishes to be respected. It is not expensive for a lawyer to prepare a Will. If you die without a will, Alberta law will dictate how your estate will be distributed and who will administer your estate. This may not reflect how you wish to have your estate handled. If you complete a “Will Kit” you may run the risk of making a mistake and having your Will misinterpreted, which may result in a great deal of expense and inconvenience to your estate, family and beneficiaries after your death.

An Enduring Power of Attorney is a legal document authorizing another person to deal with your financial affairs. This document can take effect immediately or when you lose your mental capacity.

A Personal Directive is a legal document appointing an agent to act on your behalf when you are unable to make personal and health care decisions for yourself. If the situation arises where you would have no reasonable expectation of recovery from physical or mental disability then this document allows you to direct your agent that you would not wish to be kept alive by artificial means.

If it is determined that your father lacks capacity to sign legal documents then no, he may not sign an Enduring Power of Attorney or Personal Directive. Your only option is to have him declared a Dependent Adult by making an application to the Court to become his Guardian and Trustee. This is a much more expensive route than having an Enduring Power of Attorney or Personal Directive prepared when mental capacity is intact and that is why it is recommended that everyone regardless of age, have both documents in place in addition to a legal will.

There are many duties that an Executor has. As Executor you will have to carry out the deceased’s wishes that are stated in her will, to arrange for the funeral, pay out outstanding debts including taxes, and distribute the estate. Unless the estate assets are completely held jointly with another person then it is your responsibility to apply for a Grant of Probate or Administration. This process ensures that the will is valid. The Grant of Probate or Administration is your authority as Executor to act on behalf of the Estate.

If you have a Real Property Report that currently reflects the state of your property as it is at the time of sale then you do not have to obtain a new Real Property Report. If, however, you have added, for example, a deck, fence, or retaining wall, since the date of the Real Property Report then a new one will be required. It is best to order one when you list your property for sale or immediately after you sign your purchase contract in order to avoid delays.

The property taxes are allocated on the Statement of Adjustments as at the date of closing. It is important that the lawyer explains this document to you carefully.

The financial institution providing the loan will require that a lawyer protect their interests and ensure that the mortgage deed is registered in their favour at Land Titles and that any outstanding debts are paid in full prior to funding.

A Mediator works with two opposing parties to help resolve a conflict and to reach a mutually satisfactory agreement without the high expense of Court action. Mediation is fast, informal and is not binding on either side unless both parties agree to the mediation resolution.