Wills, Estate Planning and Probate/Administration

Neufeld Legal | Calgary, Alberta wills and estate planning lawyer, advising clients in developing and implementing their personal succession plans.

Contact Neufeld Legal PC at 403-400-4092 or Chris@NeufeldLegal.com

Providing financial security for your loved ones should be a top priority for everyone. Nevertheless, far too often, the importance of undertaking the appropriate legal action to protect their financial future is forgotten or misplaced. And such an oversight can have major consequences, that courts frequently are incapable of appropriately fixing, let alone insuring your true wishes and desires are fulfilled.

As such, it is important that you take control of your family's future financial well-being by putting in place the correct legal plan, including wills, powers of attorney / personal directives, trusts and estate planning. These legal tools, when properly drafted and implemented, can make a major difference in ensuring the future well-being of you and your loved ones. It is nothing that should be left to chance, but should match your personal expectations as to how it is managed and the anticipated results that should come about upon your passing (or incapacity).

Equally important is dealing with the estate of a loved one when they have passed away, given that even with a legal valid will, the executor of the decedent's estate can require legal advice in implementing the decedent's will and/or procuring a grant of probate from the Court. In the absence of a will or defects that invalidate the will, than the decedent's estate will be subject to administration, which must conform to the statutory requirements set out in the Alberta Wills and Succession Act.

And unfortunately when things go wrong following the death of a family member, disputes do arise, necessitating the pursuit of a legal resolution through estate litigation. This is never a pleasant experience, although when it is necessary, resolving these contenious disputes between family members is an unfortunate reality.

Contact our law firm today to learn how our legal team can help you plan for the future (e.g., wills, trusts, estate planning) or deal with the legal demands associated with the passing of a loved one. Contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com to schedule a confidential initial consultation.

When Should You Look to Update Your Will
Your Last Will & Testament ("will") is very much a "living" document that should evolve with your life, such that it might best reflect your most current personal situation and intentions upon your death. While there is no strict rule for how often you should update your will, legal professionals generally recommend that you review the particulars of your will every three to five years or, more importantly, whenever a major life event occurs. Read more.

Rewriting Your Will versus a Codicil
When you need to make changes to your will, there are two primary options available: (1) using a codicil or (2) rewriting the will entirely. The choice between these two depends largely on the nature and extent of the changes you want to make, although it may also be impacted by the sufficiency of the existing will in relation to updates in applicable legislation and probate procedures, such that even though the changes might be minor, it might be advantageous to have the will rewritten to take advantage of . . . Read more.

How can you Speed up the Probate Process
Dealing with the probate process can be time-consuming, frustrating, and potentially very costly; but there are several strategies that can help speed things up, as well as reducing the frustration and cost, both before and after the death of the testator / decedent (with our emphasis being on probate matters that are governed by the laws of the province of Alberta). Read more.

What Happens if you Die without a Will? Who gets your Property?
Should you die without a legally valid will, also known as dying "intestate," you will have no say in how the assets of your estate are distributed upon your death. Instead, the laws of your particular jurisdiction (for example, in Alberta the Wills & Succession Act) will determine who will administer your estate and who will inherit your property, which might not align with your personal wishes. Read more.

Who Needs a Henson Trust (for disabled children / beneficiaries)?
A Henson Trust is an estate planning strategy that is utilized to provide financially for a person with an ongoing physical or mental disability, whether during your lifetime or after your death, given the planning considerations that must be taken to ensure that the person’s entitlement to Alberta disability related income support and other benefits are not inadvertently jeopardized. Read more.

What is Probate - demystifying misconceptions