Wills and Estates

Wills

If you’ve been putting off making a Will, then you’re not alone. A recent (2018) survey revealed that over one-half of the Canadian adult population do not have a Will in place. A Will can help relieve stress from your family and loved ones during a time of grief. A properly prepared Will allows you to direct where your property will go after your death and can ensure your last wishes are followed, including appointing the person you choose to administer your estate (your property), appointing your children’s legal guardians, and funeral arrangements that you may wish to take place.

As part of our fixed-fee service, we will advise you on all aspects of preparing your Will and will help you prepare a Will that is customized to your particular needs. We can update your Will if your personal circumstances or the laws change. Reviewing your Will after major life changes (such as marriage or separation) can ensure that your wishes are still accurately reflected and enforceable.

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Enduring Powers of Attorney and Personal Directives

In addition to your Will, it’s important to consider what would happen if during your lifetime, you lost the ability to make your own personal or financial decisions.

With an Enduring Power of Attorney, you pre-appoint a person of your choice to make financial and legal decisions if you are no longer able to do so yourself. You may require someone to make these decisions for you if, for example, your ability to make reasoned decisions is impaired due to illness or injury. You can choose the scope of authority that you wish to grant to the Attorney. The person you appoint could be given the legal authority to take care of your major matters such as your home and investments as well as practical day-to-day issues such as operating your bank accounts and paying your bills.

With a Personal Directive, you choose a person (called an Agent), to make decisions about how you are cared for and what medical treatment you receive – including life-sustaining treatment – if you lose capacity because of illness or injury. There are very important decisions to me made when creating a Personal Directive and we will advise you of your options so that you can make informed decisions.

Probate and Grants of Administration

When a person dies leaving a Will, it is often necessary to apply to the Court for a Grant of Probate before property can be transferred or distributed. A Grant of Probate is formal court approval of the validity of the Will and giving the Executor authority to act under the Will.

When a person dies without a Will, a person must apply to the Court for what is called a Grant of Administration. A Grant of Administration is the court’s approval and appointment of a personal representative whose job is to administer the estate and distribute property in accordance with the laws of the Province.

We offer guidance and reassurance on the many practical and legal issues which will need to be addressed. We’ll provide you the advice and services you need in a timely and cost effective manner.

At the outset, we will give you a clear indication of the likely timescale and costs for the estate to be administrated.

If you would like to book a consultation, give Fares Law Firm a call at 403-508-1900. Alternatively, feel free to fill out our online contact form, and we’ll be in touch.