Our will forms are easy to follow, customized to you, and include instructions to make your will legally-valid based on the state where you live. A funeral service will be held on Monday, July 3rd 2023 at 11:00 AM at the same location. I, _____ (the "Testator"), currently of the city of _____, in the Province of Alberta, declare this to be my codicil (my "Codicil") to my last will and testament being dated _____ (my "Last Will"). In addition, online Wills typically cost less than traditional paper Wills, making them a more affordable option for many people, Perfect for individuals, couples and for complete. Now, we realize most 18-year-olds arent thinking about their own death. Weve partnered with top estate lawyers in Alberta so you can feel confident knowing your will reflects your specific wishes.. It is intuitive, user-friendly, and affordable. No spouse, children, or other dependents: Your estate goes to your next-of-kin. In Alberta, holographic wills must be in the testator's own writing, must be signed by the testator, and do not require witnesses. When it comes to planning for your future, its important to have all your bases covered. There is no magic behind legal words, and you can use simple language to convey your testamentary intentions. Estate planning is crucial for your financial future. Aside from wills, many online will platforms also provide options for creating power of attorney documents and personal directives. Where can I find the forms? Due to the platform's extremely user-friendly design, creating a Will on Willful doesn't take time. Still, suppose you are in an emergency, near death, or cannot consult with a lawyer for some reason. For instance, if your properties range between $10,000 and $25,000, expect to pay approximately $135. You must make the will yourself. Backed by Solid Credentials: MBA in Finance Canadian Investment Funds (IFIC) Graduate Masters Degree in International Business Chartered Professional Accountant (CPA) Candidate Chartered Insurance Professional (CIP) BSc Accounting, Your email address will not be published. The law may have changed since then. A Will determines: Who will take care of your minor children or pets Who will receive your assets Who will manage your estate when you're gone Read more about Will basics here . A past LawNow article answers these questions and more: Have You Heard the One About the Canadian Who Died Without a Will?. Get started! In some provinces, its called a Power of Attorney for Personal Care or a Health Care Directive. Unfortunately, there is no legal requirement for a will to be fair. Your will should also include any charities that you wish to donate part of your assets to, if thats the case. A properly written will is legally binding on a person's estate. A formal will: is in writing, has your signature is signed in the presence of 2 witnesses, who also sign the will in your presence A holograph will: is prepared entirely in your own handwriting and signed by you Prepare a will It's recommended that anyone interested in making a will consult a lawyer, who can help prepare your will. If there is no will, then an application for a grant of administration needs to be completed.If you're confused about the estate settlement process, or you think you need help processing a loved one's will, we can help. Probate court typically wants the original one, but they may accept a copy if it meets certain conditions. All Rights Reserved. Following is a general step-by-step guide for your role in probating a will in Alberta. The recipients of your assets are called "beneficiaries". Contesting a will is a serious matter. You must be over 18 years of age and of sound mind. And as the executor or personal representative of an estate, you are also responsible for: Filing a petition for probate to the probate court in the country of the deceased. This can ensure you avoid costly mistakes and unnecessary estate litigation in the future. without a will, theres no guarantee that your assets will be distributed in the way you envisioned it. Privacy Policy The global mining industry has come a long way since the days . What are the main ways to create a will? Albertas estate administration laws dictate that dependent family members are entitled to receive adequate support from the testators will. Those interested in contesting a will in Alberta must follow specific procedures and conditions. Two witnesses you saw you sign the will must also sign the will. Read More: Does my will need to be notarized? There are also websites that collect info from you and then produce a document you can print out and sign. What's the legal age to make a Will in Alberta? In addition, a Will must show a deliberate intention of the testator to dispose of the property upon death. They provide detailed instructions and support every step of the way to make sure that your online will is valid and enforceable. If you leave a particular asset to one person in your holographic Will, explain your reasons for doing so. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Everyday legal services for everyday needs. DLegal Law Office is a trade name of Anna Dunaeva Professional Law Corporation. CPLEAs resources, including LawNow, are excellent starting points when searching for legal information on Wills and estates. More importantly, you may have written a Will only to have your loved ones find out on your death that the Will is not valid. If you are in the Canadian Armed Forces and on active duty or are a mariner, you can write your own valid will and sign it or have someone . A holographic Will must be in your handwriting written by hand in whatever style. There must be a valid reason to begin the process of contesting a will in Alberta. On that note, creating a Will now to protect our loved ones should be paramount and top on our list. So, feel free to reach out to our friendly team by phone or email or through the contact form whenever you need guidance on your wills and estates options. If you have a Will, you get to decide how much of your estate your common-law partner will get, rather than relying on the rules in the province to get it right. Your submission has been received! And, online wills are stored securely online, so you can be sure your will is always available when needed. CLEARESTATE TECHNOLOGIES INC. While this might seem simple, the choices the court makes are not often what you would have wanted. Create a customized, fully legal will that is based on your unique life situation. Posts on this site may contain affiliate links. For more help call the wills lawyers at Kahane Law Office at 403-225-8810. This is a document signed by one of your witnesses and signed in the presence of a Commissioner for Oaths or Notary Public (i.e. Without a will, the probate court will appoint one of several grants similar to the grant of probate to distribute the deceased's assets according to requirements set forth by the province of Alberta. It explains what is involved in making. Probate generally means the will has been validated in court. This protects you, your family and your loved ones. While enlisting the help of a professional can be a solution for those with very complex estates or those seeking to establish multiple wills (a personal and a professional one, for example), the truth is that most people can create a legally binding will on their own, or with the help of a trusted expert like ClearEstate, at a fraction of what it would cost if a lawyer were involved. A will is usually validated in an Alberta probate court. For a will to be valid, it must at the very least be in writing as a physical document. However, if you have minor kids, other dependants, or a blended family, consider discussing your Will and estate planning options with a lawyer. Our Wills Package is designed to deal with simple situations only. Charity (Charee) Oisamoje is the founder of TheFinanceKey - TFK. Use simple language when drafting your Will to let others understand it completely. The Testator (person making the Will) must sign it but does not need a witness. As for fraudulence, this is challenged on the basis of a person of influence lying and giving false information to the testator to influence his testamentary instructions deliberately. A Will allows you to pass on your belongings to your loved ones according to your wishes. Looking to learn more about making an online Will in Alberta? If you have valid grounds to contest the will, you must apply to the court to challenge it. The NC8 form is called the Affidavit of Witness to a Will. Trust me; you do not want to die without a Will in Alberta. There are a couple of non-negotiables when creating a legally binding will in Alberta. Online Wills allow you to update your will as your circumstances change without the need to visit a lawyer or notary. You must write the document by hand and in ink rather than with a pencil. If one of them is no longer alive, their portion is divided among any kids they may have. Canada's favourite do-it-yourself online will platform breaks down the estate planning process into simple steps, so you can create your last will and testament and power of attorney documents in 20 minutes or less. How long it will take to probate a will varies depending on the complexity of the estate. This factor has already pushed some to private mortgages, a restrictive and expensive shortterm financing product for people who are . Its recommended that you review your will at least once every 6-12 months. It is in our personal freedoms and rights to determine what happens to us, our assets, and our belongings once we have passed on. Also, make sure to complete your draft correctly. An executor of a will, or and estate trustee with a will, is [], Should I make a new will in case of a family breakup in Alberta? If you dont have surviving parents, your siblings will get your estate. Alternatively, you may use the Law Society of Albertas Lawyer Referral service to find a lawyer. First of all, do your research to understand the rules applicable to Wills in the province. Further, your language and intentions must be clear. It is NOT required for your will to be legal. Wealth advisors should ask clients 5 questions to ensure their estate plans are updated and effective. Although a holographic will is an informal will, certain features validate this Will: You dont need a lawyer to draft it. Again, it is a good idea to consult with estate litigation lawyers about your legal options. Use promo code THEFINANCEKEY20 at checkout, Canadian Will Kit (Best Online Will Kit, Canada), Ontario Will Kit (Free & Best Online Will Kit, Ontario), Canadian Legal Wills (LegalWills.ca) Promo Code, How to Be a Responsible Dog Owner in Canada: Spoiler! A will must be legally valid to pass through Alberta courts.