Wills, Estates + Trusts
Wills, Estates + Trusts
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Wills, estates, and trusts need to be dealt with skillfully to ensure assets are distributed the way an owner intends. It is essential to retain a knowledgeable lawyer that handles matters within their local region as laws may differ in each province or territory. Our Wills + Estates and Trusts Team has extensive experience working with legal estate and will matters in Alberta, Yellowknife, and Northwest Territories.

Wills + Estate Planning

We can advise you on how to most effectively arrange your affairs to avoid unnecessary probate taxes or litigation and to ensure your loved ones, assets, and business interests are protected in the event of death or incapacity. Our team can work with you on drafting Wills, Enduring Powers of Attorney and Personal Directives.

Estate Administration

Many people who are named as estate trustees or executors in a Will have no training or experience in the role. The process of estate administration may seem straightforward; however, technical requirements imposed by various pieces of legislation must be met. Consulting with a lawyer early in the estate administration will ensure that the administration proceeds timely and efficiently, eliminating liability, stress, and frustration.

Trusts

Whether you are developing a business succession plan or want to protect your family’s future, we recognize that estate planning does not happen in isolation. Our goal is to design customized strategies to best protect what matters most to you. We can assist with the preparation and administration of multiple types of trusts, depending on your individual set of circumstances, such as providing ongoing care for a vulnerable loved one or establishing the long-term governance of a family cottage.

Guardianship + Trusteeship

Guardianship is the authority to make decisions regarding property and finances or personal care on behalf of an incapacitated adult. Guardianship applications are lengthy, detailed and require having a plan in place to care for the assets of the incapable person and the management of the person. Guardianship is often sought in cases when the adult incapacitated person did not have a power of attorney for property. This is why it is so important to think about planning for incapacity when putting together your estate plan.

Estate Litigation + Dispute Resolution

Estate litigation is governed by a separate set of procedural rules requiring detailed legal knowledge. Contentious issues often arise at emotionally difficult times and litigation is not always the best solution.

Our team has extensive experience working with executors, administrators, attorneys, agents, trustees and beneficiaries in the negotiation, mediation, arbitration and litigation of claims. We have the knowledge and experience to assist you with resolution of a wide range of disputes relating to wills, trusts, estate collection, and estate administration. We carefully consider and offer a range of dispute resolution and collaborative alternatives to the traditional litigation process.

Charities / Non-Profits

The team regularly advises both local and national charities and private foundations on governance issues to ensure compliance with CRA’s strict rules regarding the operation of such entities.  

Cross-Border

Many clients have family businesses with cross-border operational issues requiring sophisticated succession planning strategies to ensure the seamless transition of business ownership and assets between generations. Field Law's Immigration lawyers also regularly collaborate with the Wills, Estates + Trusts team to provide one-stop service to clients with international aspects to their estate. 

Click here to sign up to receive invitations to seminars, webinars and events as well as online publications with the latest information from our Wills, Estates + Trusts team. 

Splett v Splett, 2017 ABQB 658
Graeff Estate v Huey, 2020 ABQB 330
Martin v Hunter, 2021 ABQB 153
Graham Estate (Re), 2023 ABKB 621
Germscheid v Germscheid, 2023 BCSC 1431
Kmech v Dorosh, 2023 ABKB 457
Duhn Estate, 2022 ABCA 360
Halstead v Selock, 2021 ABQB 1026
McCarthy Estate (Re), 2021 ABCA 403
Duhn Estate, 2021 ABQB 35
Edmunds Estate (Re), 2020 ABQB 334
Malmberg v Boyd, 2020 ABQB 326
Graeff Estate v Huey, 2020 ABQB 262
McLelland v McLelland, 2020 ABCA 12
Splett v Splett, 2020 ABCA 61
Malmberg v Boyd, 2020 ABQB 80
Goodzeck Estate v Goodzeck, 2019 NWTCA 4
Hood v South Calgary Community Church, 2019 ABCA 34
Estate of Alec Goodzeck, 2018 NWTSC 68
Moore Estate (Re), 2018 ABQB 614
Rodehutskors Estate (Re), 2018 ABQB 562
Birkenbach Estate (Re), 2018 ABQB 538
Edmunds Estate, 2017 ABQB 754
Lindsay Estate (Re), 2017 ABQB 452
Anderson Estate, 2017 ABQB 422
Anderson Estate (Re), 2016 ABQB 683
Nelson Estate (Re), 2014 ABQB 765
Nelson Estate (Re), 2014 ABQB 413
Brousseau v. Janz Estate, 2014 ABQB 136
Benefield v. Alberta (Public Trustee), 2001 ABQB 242
November 2024 - 3 min read
The Young Albertan’s Guide to Wills
Securing Your Future as You Build Your Life
As a young adult, you’re likely focused on exciting milestones - buying your first home, growing your career, or starting a family. But amidst these moments of growth, it's equally important to think about protecting your future. One of the b...
October 2024 - 9 min read
The Harmful Impact of Intestacy on Family Farms
It is imperative that farm and ranch owners formalize strategic succession and estate plans for operational continuity. Intestacy can do more than stymie family farm longevity: a lack of estate planning is a large contributor to the de...
October 2024 - 2 min read
Integrating Estate Planning with Homeownership
Key Considerations for First-Time Buyers in Alberta
Buying your first home is a major milestone for couples. Along with choosing the right property, location, and mortgage, it’s equally important to think about what happens to your home and assets if something unexpected occurs. Integrating estate...
August 2024
The Best Lawyers™ in Canada 2025
Field Law is pleased to announce that 50 of our lawyers are recognized in their respective practice areas in the 19th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
January 2024
Field Law Welcomes New Partners
Field Law is delighted to announce the addition of three new partners to the firm effective January 1, 2024.Kristin Yarish, based in Calgary, and Kim Precht, situated in Edmonton, have been promoted to the position of partners, marking a significant mi...
October 2023 - 2 min read
Canada's Underused Housing Tax: Implications for Foreign + Canadian Property Owners
Underused Housing Tax (“UHT”) is an annual federal tax payable by registered owners of vacant or underused housing in Canada, that took effect on January 1, 2022.  The purpose of the UHT is to tax non-Canadians who own residential prop...
August 2023
The Best Lawyers™ in Canada 2024
42 Lawyers Recognized  
Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
May 2023 - 3 min read
Your Divorce Is Finally Complete, but What About Your Will?
Any time you experience a significant life change or substantial change in your assets, you should review your Will, Personal Directive, and Enduring Power of Attorney to ensure that they accurately reflect your current wishes. This ...
February 28, 2023
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Seminar
Join Field Law’s Wills, Estates + Trusts Group for a complimentary lunch seminar designed to assist charities and non-profit organizations and their staff with an understanding of estate administration laws and procedures so as to better ass...
August 2022 - 3 min read
Do You Own a Business? You Need a Good Estate Plan
Up Here Business Magazine
Estate planning isn’t a fun topic, but it’s essential. That’s especially true for business owners, from sole proprietorships to corporations. Be sure your final plans meet your hopes and expectations for your business—for the sa...
March 24, 2022
Cocktails + Counsel: Benefits + Implications of Cross-Border Trusts
Q+A Session
Join Field Law for Cocktails + Counsel, a complimentary series where your questions will guide the discussion, and our lawyers provide their legal perspectives. This dynamic virtual Q+A session lets you ask questions and hear legal perspectives on i...
December 2021
Power of Attorney and Probate
Alberta Real Estate Association - Podcast Episode 40
In this episode, Lisa Statt Foy helps to clear up some of the misconceptions associated with the topic on the probate process, Power of Attorney, and enduring power of attorney relating to real estate. As these issues affect REALTORS®...
October 2021 - 1 min read
Can a Power of Attorney Change a Beneficiary on a Life Insurance Policy?
A Power of Attorney is a legal document where an individual (the donor) appoints someone else (the attorney) to look after the donor’s financial affairs in the event the donor loses capacity to handle his or her own affairs. A Power of Attorney i...
April 2021 - 3 min read
Why You Should Avoid Using a Will Kit
Will kits are inexpensive, but that may be their only redeeming quality. It can be very tempting to pick up a $30 fill-in-the-blanks Will kit rather than retaining a lawyer, but before you do, you should consider the risks involved.A Will kit can be pu...
November 2020 - 1 min read
Why you Need to Talk to Your Estates Lawyer About Your Personal Directive
A personal directive is a legal document that allows you to name someone to act as your agent to make personal decisions on your behalf in case you lose the capacity to make decisions for yourself.   The types of personal decisions that an a...
May 2020 - 4 min read
Virtual Witnessing of Wills in Alberta Not so Clear
In Alberta, as in most other provinces, generally wills, powers of attorney and personal directives need to be signed and witnessed in person for the documents to be legally valid.  Our wills legislation allows certain departur...
April 2020
Ontario Court to Consider Whether a Will can be Witnessed Online
Globe and Mail
March 2020 - 2 min read
A Question of Priorities (If You Want to Administer an Estate)
Appointing a personal representative is one of the first substantive things addressed in a Will and one of the key choices a person can make with respect to their estate plan. When a person dies without a will, someone must apply to the Court to obtain...
March 2020
Sticky Situation: Sticky Note Will Accepted by Alberta Court
While our office remains open during the escalating global coronavirus (COVID-19) situation in Alberta, we have taken steps to minimize the potential impact of the virus in accordance with our firm’s business continuity plan and th...
December 2019
No Life After Death: Woman Loses Battle to Use Deceased Husband’s Sperm
Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent.  In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s...
May 2019
Act On Your Legal Obligations to Avoid Post-Death Disputes
A recent case from the Ontario Superior Court of Justice, Birnie v Birnie, 2019 ONSC 2152, has several important lessons for Canadians when it comes to estate planning.  The case is an important reminder to be aware of your existing legal obligati...

Question:

Should you have a Will?

Answer:

In Alberta, if you do not have a Will, your estate will be distributed pursuant to the intestacy provisions of the Wills and Succession Act. Other assets, such as property held jointly with another person or property which has a designated beneficiary (such as life insurance or RRSPs) will pass directly to the surviving joint owner or the designated beneficiary if they survive you, and generally not form part of your estate. There may, however, be circumstances where assets are held in joint tenancy for administrative convenience but are intended to be distributed to someone other than the joint tenant.

Question:

What is an Enduring Power of Attorney (EPA)?

Answer:

An Enduring Power of Attorney (EPA) allows you to appoint someone (your Attorney) to manage your financial affairs. An EPA “endures” even if you lose your mental capacity, meaning that the person you appoint can manage your financial affairs in the event that you become mentally incapacitated.

Question:

What is a Personal Directive (PD)?

Answer:

A Personal Directive (PD) allows you to appoint someone (your Agent) to make decisions with respect to personal and healthcare-related matters in the event you are unable to make reasonable decisions concerning such matters (or unable to communicate such decisions). A Personal Directive is also sometimes referred to as a “living will.”

Question:

What Are The Steps to Preparing a Legally-Enforceable Will?

Answer:

The first step to preparing a Will, Enduring Power of Attorney and Personal Directive is a consultation with a lawyer. Your individual needs and wishes will be discussed and you may be asked to complete an Estate Planning Questionnaire prior to the meeting. Once the documents have been drafted, the drafts will be sent to you for your review and comment. Once it is confirmed that the documents properly reflect your wishes, a meeting will be scheduled with the lawyer to execute the documents.

Question:

How Long Does It Typically Take for a Will to be Drafted?

Answer:

A Will may be drafted quickly once final instructions are received. The process of finalizing a Will typically takes 4-6 weeks to complete (after the first meeting with an estate planning lawyer). However, we can typically prepare documents faster where such documents need to be executed on an urgent basis.

Question:

How Much Do You Charge to Prepare a Will?

Answer:

As every individual has unique and specific requests and circumstances, our fees for preparing a legally-enforceable Will, Enduring Power of Attorney and Personal Directive is determined on an individual basis. Please contact one of our lawyers for further information.

Question:

Will your spouse receive all of your Estate?

Answer:

The Wills and Succession Act prescribes that, after payment of debts, your spouse or "adult interdependent partner" will only receive the whole of your estate if all of your surviving ‘descendants’ are also the ‘descendants’ of your spouse or adult interdependent partner. ‘Descendants’ is given a broad definition under the Wills and Succession Act, and means more than just children. Therefore, if even one of your children, grandchildren or great-grandchildren are not also the children, grandchildren or great-grandchildren of your surviving spouse or adult interdependent partner - he or she will not receive the entirety of your estate.

Question:

What happens when you leave some of your estate to minor children?

Answer:

As a general rule, all property (including money) in excess of $5,000 which a minor (under 18 years of age) is entitled to receive must be delivered to the Public Trustee. If the surviving parent wishes to manage your child’s property on his or her behalf, they will have to obtain a Court Order appointing them as trustee of the child’s property. Of perhaps greater concern is that, without a properly drafted Will, the Public Trustee will be required to release all of your child’s or grandchild’s property to him or her when they reach the age of majority - irrespective of the value of the property or his or her ability to handle money. This situation can be avoided with a properly-drafted Will.

Question:

What is a guardian?

Answer:

The biological or adoptive parents of a child are presumptively the legal guardians of the child - however, you may have concerns about your child’s other biological parent or want your spouse (who may be a custodial adult through second marriage but not your child’s biological parent) to be the guardian of your child. If such concerns or wishes are not clearly expressed in a Will, they are unlikely to be honoured.

Question:

What about your other wishes?

Answer:

Do you want a particular child to receive all of your jewellery on your death? Is it your wish that the Guardian of your children not work outside the home? Do you want to be cremated? Do you want to designate the person who is to be the executor and Trustee of your estate? Do you want to leave a gift to a favourite charity? If so, you need a properly drafted Will. A Will is the only way to ensure that your choices regarding support and protection of your children, distribution of property, funeral instructions and any other testamentary wishes are communicated and legally enforceable.

 


Disclaimer: The above information is intended to provide commentary on frequently asked questions in this area of law and should not be interpreted as providing legal advice.  Please contact a group member before acting on any of the information.

The following links are additional resources that may be useful:

Estate Planning Questionnaire

  • Our Estate Planning Questionnaire assists with the estate planning process.
  • The Questionnaire facilitates an efficient meeting, as it assists us in ensuring that we are aware of all relevant information, and promotes family discussion prior to the meeting. Fill in the Questionnaire and bring it in when meeting with us.
  • We also look forward to meeting with you in person to discuss estate planning considerations, in order to create a customized estate plan that is appropriate to your circumstances.
  • To book a meeting with one of our estate planning lawyers, please contact Cindy O'Hara at 403-260-8575 or by email at cohara@fieldlaw.com, or contact one of our lawyers directly (see the "People" tab for their contact information).
  • Please note, we suggest saving the above document to your computer prior to adding any information to the form