Do you have a current WILL ready for your family?

[Ken07AOVette]

As I have bought more equipment, traded some vehicles, changed some assets I decided today to update my will.
I have dealt with Lawyers and Wills in Probate, and let me tell you it can be a very ugly, very expensive problem if not done correctly.
YOU DO NOT HAVE TO HAVE A LAWYER DO IT.
One very big thing though, to be legal it can be typed or hand written, but hand writing changes on a Will can make it contestable and possibly invalid. Do one or the other, if there are major changes rewrite it.

There is no right time to say this, other than before it is too late.
Just a reminder if you have not.

[Cement Bench]

there is or was at chapters a book on will with a cd for under 35 bucks

it was current until 2016 or so I think

You can do your own with these kits as this one was done under alberta law by an alberta lawyer
not the brightest cookie but the will works for almost all people

[Ken07AOVette]

there is or was at chapters a book on will with a cd for under 35 bucks

it was current until 2016 or so I think

You can do your own with these kits as this one was done under alberta law by an alberta lawyer
not the brightest cookie but the will works for almost all people

$16.95 today!
https://www.chapters.indigo.ca/en-ca/books/have-you-made-your-will/9781551802510-item.html

[Sledhead71]

Good reminder Ken, I typically look at my Will every couple years and add as needed to ensure ease of execution. I personally would recommend a Lawyer as the cost is minimal and the benefits out way the out of pocket costs.

[vinny]

Good reminder Ken, I typically look at my Will every couple years and add as needed to ensure ease of execution. I personally would recommend a Lawyer as the cost is minimal and the benefits out way the out of pocket costs.

Agreed. A lawyer will catch things that you may miss by doing it yourself. To each their own, but it’s not something to make mistakes on. Well worth the cost.

[Ken07AOVette]

Good reminder Ken, I typically look at my Will every couple years and add as needed to ensure ease of execution. I personally would recommend a Lawyer as the cost is minimal and the benefits out way the out of pocket costs.

Agreed. A lawyer will catch things that you may miss by doing it yourself. To each their own, but it’s not something to make mistakes on. Well worth the cost.

Good point.

I have always done my own, but have filed legal documents, dealt with courts and lawyers and judges for a few decades so I am comfortable doing them. Not everyone is. I had mine checked by our Corporate firm in Edmonton and they said it was perfect.

[lyallpeder]

$16.95 today!
https://www.chapters.indigo.ca/en-ca/books/have-you-made-your-will/9781551802510-item.html

There is a book similar to that at the Edmonton court house library and the Edmonton public library.

[Savage Bacon]

We've talked about this so many times. Then forget all about it and never do it. Does that kit cover enough areas? I'm sure it needs to be more technical than "you get this and you get that"

I know the inlaws don't have theirs together. The boss has 1 brother, and he's decent. Their mom has all her properties that have been in the family forever. Now the only thing their step-dad brought to the table was 4 or 5 freeloading adult kids. They are like professional insurance, CERB, WCB, scamming poor me's. Now the boss is worried that if her mom dies first, her and her brother will lose everything.

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[esher]

Good reminder Ken, I typically look at my Will every couple years and add as needed to ensure ease of execution. I personally would recommend a Lawyer as the cost is minimal and the benefits out way the out of pocket costs.

10 years ago a cousin updated his will, cost a grand, sure the cost now is something other than minimal.

[catnthehat]

My wife and I have had wills for about 13 years now, done by a lawyer.
One thing that has stuck with me was one of his funny jokes
"Where there is a will there is a relative ready to contest it!":sHa_sarcasticlol:
This was after we were talking about DIY will packages....
Cat

[Sledhead71]

10 years ago a cousin updated his will, cost a grand, sure the cost now is something other than minimal.

My Will has a lot of moving parts, my costs are under a grand for the EPA, PD and Will.

[MyAlberta]

We've talked about this so many times. Then forget all about it and never do it. Does that kit cover enough areas? I'm sure it needs to be more technical than "you get this and you get that"

I know the inlaws don't have theirs together. The boss has 1 brother, and he's decent. Their mom has all her properties that have been in the family forever. Now the only thing their step-dad brought to the table was 4 or 5 freeloading adult kids. They are like professional insurance, CERB, WCB, scamming poor me's. Now the boss is worried that if her mom dies first, her and her brother will lose everything.

Sent from my SM-G970W using Tapatalk

This happened to a close family. The parents built a substantial business. The mother passed away and the father remarried. Dementia set in, and shortly after his death, the new wife sold everything and disappeared.

[DirtShooter]

This happened to a close family. The parents built a substantial business. The mother passed away and the father remarried. Dementia set in, and shortly after his death, the new wife sold everything and disappeared.

Seems to happen a lot, I know of a few times this has happened.


My mother inlaw harps on us to make a will, because of her persistence I will never tell her if we actually have one which we do but should probably update.

[huntinstuff]

I will my 30-06 and ammo and knife and binoculars and hat and coat to my kids.

There. done! No lawyer necessary.

But in reality, there is ALWAYS some puke who thinks they are ENTITLED to something.....
Imagine picking dead bones for something...like a coyote or raven

[cranky]

Doesn't hurt to get burial plots and method of dealing with the remains handled at the same time as getting around to doing wills to.
Our cremations and the plot to put remains in is all done and paid for including head stones etc. The kids will not have to pay a thing. I heard what we paid a number of years ago is now more than double the cost for same thing. And it's done the way we want for everything

[MyAlberta]

Following a local case where a women encumbered her equestrian farm to others via a living will. When she tried to change the will, the other party took her to court. The judgement was the woman must honour the original will and not further encumber the property, which will result in title passing to the other party on her death. A lawyers review may be a wise investment.

[traderal]

Estate lawyers love contested wills of high net worth, can drag on for years and years. One of our friends who inherited valuable farmland near Spruce Grove are still paying lawyers 7 years after the fact. By now the lawyers are richer than them, lol. Correct me if I'm wrong but there are no longer assurances that any will can't be contested.

[newguy]

All great advice. But not to derail… please have a look at a “living will”

I want to be making the decisions when I’m sick or injured. No better way than to have a living will.

Lawyer is likely best because there can be a lot of moving parts.

I had to make the ultimate and final decisions for my brother and it still is a gut punch trusting I did the right thing. A living will would have helped.

[Drewski Canuck]

"One very big thing though, to be legal it can be typed or hand written, but hand writing changes on a Will can make it contestable and possibly invalid. Do one or the other, if there are major changes rewrite it."

WILLS AND SUCCESSION ACT Statutes of Alberta, 2010
Chapter W-12.2
Current as of December 9, 2020

Formal will
15 A will may be made by a writing signed by the testator if
(a) the testator makes or acknowledges his or her signature in
the presence of 2 witnesses who are both present at the same
time, and
(b) each of the witnesses signs the will in the presence of the
testator.

Holograph will
16 A will may be made by a writing that is wholly in the
testator’s own handwriting and signed by the testator without the
presence or signature of a witness or any other formality.

Military wills
17 A member of the Canadian Forces while placed on active
service pursuant to the National Defence Act (Canada), or a
member of any other naval, land or air force while on active
service, may make a will by signing it, without the presence or
signature of a witness or any other formality.

Signature
19(1) A testator may sign a will, other than a will made under
section 16, by having another individual sign on the testator’s
behalf, at the testator’s direction and in the testator’s presence.

(2) A will is not invalid because the testator’s signature is not
placed at the end of the will if it appears that the testator intended
by the signature to give effect to the will.

(3) A testator is presumed not to have intended to give effect to
any writing that appears below the testator’s signature.

(4) A testator’s signature does not give effect to any disposition or
direction added to the will after the will is made.

Witnesses to signature
20(1) An individual may be a witness to a signature of the testator
if the individual has the mental capacity to do so.

(2) An individual who signs a will on behalf of a testator is not
eligible to witness the signature of the testator.

(3) An individual who witnesses a signature of a testator is not
disqualified as a witness to prove the making of the will or its
validity or invalidity only because the individual is

(a) an executor of the will,
(b) a beneficiary under the will, or
(c) the spouse or adult interdependent partner of an executor or
a beneficiary.

(4) A will is not invalid only because

(a) a witness to the signature of the testator did not know at the
time of witnessing the signature that the document being
signed was a will,
(b) a witness to the signature of the testator was at the time of
witnessing the signature, or afterwards became, incapable of
proving the making of the will, or
(c) more than 2 individuals witnessed the signature of the
testator.

Ken,

I thank you for reminding everyone that death does not wait for anyone, and we never know when our last day is.

However, for a typed out Will, it must be executed with two witnesses, who are present at the signing, who see the Testator (Person making the Gift) sign and see each other sign.


In regard to S. 20 (3) (b), which was a problem where Witnesses inadvertently were a beneficiary because of a class gift, it STILL is a very good idea to have a clear declaration in the Will that the Testator wants the Beneficiary to sign the Will and there is no UNDUE INFLUENCE from the Beneficiary. Otherwise, Lawyers like myself will make alot of money on your file.

All the same Ken, please do not make generalised statements that someone can do something on the cheap which may cost their loved ones untold grief and money.

A Typed will needs to be executed properly, and as you can see, there is alot to know which is what the Client is paying for.

Drewski

[Ken07AOVette]

Mine are witnessed by 2, printed name underneath both and commissioned when witnessed. Like you pointed out it is not difficult to find requirements.

Pardon me for not having every single bit of information for everyone right to the necessary font.

[MyAlberta]

The lack of estate planning can’t be saved by a will. Intestate laws provide for reasonable distribution, lacking a will. Probate can be seen as legal protection for an Executor, as part of the process. As important as a will may be to an individual, the larger act of estate planning will have the greater implications.

[tbiddy]

My MIL passed away after a short 2 week battle with cancer back in March. She always had a handwritten will she kept on top of the fridge when she travelled. Since this was unexpected and she was too drugged up to do any changes it was what is was. It named my wife and our niece (they raised her since a baby) as each getting 1/2 of everything. She also left $1000 in trust to her 4yr old great grandson. Since she used the word “trust” and he’s a minor in AB (she lived in SK). We’ve been dealing with the courts and probate since about April and zero progress. The trust issue has been the biggest holdup. And she didn’t name an executor. That’s also another big holdup. We tried to do probate in SK. We filed and got a letter back saying “You made a good attempt but you should retain legal council”. There is a house/car that got paid off and that’s it. Sucks being in limbo.

It is a really eye opener though. After this we’ve contacted loved ones and made sure all the I’s are dotted and T’s are crossed. The FIL is a multi millionaire with a few businesses. We thought everything would go through a lawyer but he let the wife know a few weeks ago he updated his will and made her the executor. That’ll be a gong show when the day comes.

[Trochu]

Some extended family recently went through this, with relatively level headed, close members, and it was kind of a gong show. I'd strongly recommend detailed estate planning, as well as a will, and inviting all relative individuals to an annual meeting to discuss and verbally layout your will. For example, Member "A" got the farm and now Member "B" wants to take the panels out of the barn because it's not fair Member "A" got the farm. :rolleye2:

Alot of the issues could have been easily resolved with a good will, good estate plan, and a well defined schedule.

[MyAlberta]

Some extended family recently went through this, with relatively level headed, close members, and it was kind of a gong show. I'd strongly recommend detailed estate planning, as well as a will, and inviting all relative individuals to an annual meeting to discuss and verbally layout your will. For example, Member "A" got the farm and now Member "B" wants to take the panels out of the barn because it's not fair Member "A" got the farm. :rolleye2:

Alot of the issues could have been easily resolved with a good will, good estate plan, and a well defined schedule.

I’ll bet those are fun. I’d keep it to the Executor, structuring the will and the estate itself, so they could execute with minimal overburden. Forewarning to an unhappy benefactor gives them time to plant their seeds of disdain.

[Sundancefisher]

As I have bought more equipment, traded some vehicles, changed some assets I decided today to update my will.
I have dealt with Lawyers and Wills in Probate, and let me tell you it can be a very ugly, very expensive problem if not done correctly.
YOU DO NOT HAVE TO HAVE A LAWYER DO IT.
One very big thing though, to be legal it can be typed or hand written, but hand writing changes on a Will can make it contestable and possibly invalid. Do one or the other, if there are major changes rewrite it.

There is no right time to say this, other than before it is too late.
Just a reminder if you have not.

Yup.

One of the biggest problems people do is listing items or stuff to go to certain people. If for some reason those items were sold or lost or broken… the estate will have to replace them. Lawyer said give keepsakes away when you are younger to those you want to have them.

Maybe one could say in the wording… if I still have my favourite chainsaw when I die, my neighbour Chucks gets it otherwise he gets a thank you letter.

Wills can also outline giving a gift or a card for special occasions for years after passing… may need a trust for that or maybe the lawyer can do it?

[Ken07AOVette]

Some extended family recently went through this, with relatively level headed, close members, and it was kind of a gong show. I'd strongly recommend detailed estate planning, as well as a will, and inviting all relative individuals to an annual meeting to discuss and verbally layout your will. For example, Member "A" got the farm and now Member "B" wants to take the panels out of the barn because it's not fair Member "A" got the farm. :rolleye2:

Alot of the issues could have been easily resolved with a good will, good estate plan, and a well defined schedule.

Agree. Good plan.

[TBark]

Our will and directives are all fine, all up to date, but thought about the next step,
We had our portfolio mgr set us up with an estate executor.
Thought was to set this up so the kids wouldn’t have to do anything really.
Haven’t signed anything yet, still thinking about it, it’ll cost the estate aprx 3.5%.
Only comes into play when both of us are no longer kicking.
But then again, it’s like taking out a mob contract on ourselves, ha.

TBark

[Drewski Canuck]

"Yup.

One of the biggest problems people do is listing items or stuff to go to certain people. If for some reason those items were sold or lost or broken… the estate will have to replace them. Lawyer said give keepsakes away when you are younger to those you want to have them."

Gentlemen and Gentle Ladies, and all other pronouns animal vegetable or mineral,

Please Stop trying to make up bold statements of the Law if you are not qualified. Such talk is acceptable for opinions on sports, rifle / calibre / bullet selections, and politics. But see a professional if you really have anything to give to someone else after you are gone, and they really want it in the first place.

The simple wording for an gift in kind that lapses of the gift does not exist on death, is as follows:

"Distribution of Specific Gifts, and Residue of Estate

(d) I direct my Trustees deliver the following specific bequests that I make, to the following beneficiaries if the beneficiaries survive my death by a period of thirty days, and the gift is in existence at the time of my death, upon the beneficiaries attaining the age of 18 years of age, after which the Trustees are to deliver the specific bequests. IF any of the beneficiaries should fail to survive me, then such specific bequest shall be returned to the rest and residue of my Estate. The Specific bequests are as follows:"



Yes, I wish it would warm up so we can all go ice fishing.

This Wills thing happens every year as New Years resolutions are being thought of.

Instead, lets all simply try to be good to one another. If any of you have any specific questions just PM me and I'll do my best for you.

Drewski

[Texican]

Please! Don't get me started!