Wills, Estates + Trusts

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For over 100 years, Field Law has supported clients across Western and Northern Canada with thoughtful, forward-looking legal advice. Our wills and estates lawyers are part of one of the largest Wills, Estates + Trusts groups in Alberta, with extensive experience in wills and estate planning, estate administration, trusts, guardianship and trusteeship, and estate litigation.

Estate laws vary by province and territory, so it is important to have legal guidance that reflects those differences. With lawyers called to the Bar in Alberta, British Columbia, and the Northwest Territories, we provide regionally informed advice and cross-jurisdictional support that helps clients plan effectively and avoid complications.

Wills + Estate Planning

We can advise you on how to most effectively organize your affairs to avoid unnecessary costs and litigation and to ensure that your assets and business interests are protected and appropriately dealt with in the event of your death or incapacity. Our team can work with you to draft Wills, Enduring Powers of Attorney, and Personal Directives that meet your personal objectives and provide for your loved ones.

Many people understand the importance of having a Will, but not everyone is aware of the benefits of retaining a lawyer to draft and finalize one. The security you gain by hiring a lawyer goes beyond knowing that your Will meets technical requirements and will hold up in the face of a challenge. You will also know that you have explored the full range of issues that a Will can address and understand how it fits within the context of your broader estate planning.

Our estate planning lawyers 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.

Some of the services we offer include:

  • Multiple Wills to avoid or minimize probate tax
  • Mirror Wills for spouses
  • Trust planning
  • Special-needs planning
  • Charitable giving
  • Retirement planning
  • Business succession planning
  • Estate-related real estate planning
  • Incapacity planning

When we meet with you, we will review your particular circumstances and make recommendations regarding what should be included in your Will, such as:

  • Testamentary trust provisions
  • Appointment of guardians for minor children
  • Identification of an estate administrator, or executor, for the estate
  • Special provisions for asset distribution, such as charitable donations
  • Special provisions for asset distribution, such as charitable donations

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 is often not straightforward, and technical requirements imposed by common law and legislation must be met. Consulting with a knowledgeable lawyer early in an estate administration helps ensure that the administration proceeds in a timely and efficient manner, minimizing costs and inconvenience.

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 from your broader goals. Our role is to design and help implement customized estate planning strategies to protect what matters most to you. We can assist with the preparation and administration of multiple types of trusts to address various priorities, such as ensuring ongoing care for a vulnerable loved one or the long-term ownership of a family cottage.

Guardianship + Trusteeship

Guardianship and trusteeship pertain to the authority to make decisions regarding the property, finances, and personal care of an incapacitated adult. Guardianship and trusteeship applications are lengthy and detailed and require a comprehensive plan to manage the assets and personal matters of an incapable person. These applications are often required when an incapable adult does not have appropriate planning documents in place, illustrating the importance of proper advance planning.

Estate Litigation + Dispute Resolution

Estate litigation is governed by a separate set of procedural rules requiring specific 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 estate claims.

We have the knowledge and experience to assist you with the resolution of a wide range of disputes relating to Wills, trusts, and estate administration. We carefully consider and offer a range of dispute resolution and collaborative alternatives to the traditional litigation process.

Charities / Non-Profits

We advise both local and national charities and private foundations on governance issues to help ensure compliance with Canada Revenue Agency (CRA) rules regarding the operation of such entities. We also provide planned giving advice to individuals wishing to make significant charitable gifts, including helping individuals and families establish their own private foundations.

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. 

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Faqs

  • Can You Disinherit a Child in Alberta?

    It depends on the child's circumstances. Alberta's Wills and Succession Act can require an estate to adequately provide for dependent children, including minor children and certain adult children who remain dependent. Obligations may also arise in some circumstances involving dependent grandchildren or great-grandchildren. Independent adult children are treated differently, making individual circumstances important when preparing an estate plan.

  • Can You Disinherit Your Spouse in Alberta?

    Not necessarily. While Albertans generally have significant freedom to decide how their estate will be distributed, the Wills and Succession Act imposes obligations to adequately provide for certain family members, including a spouse or Adult Interdependent Partner. Whether adequate provision has been made depends on the family's circumstances and other relevant factors.

  • Do All Estates Require Probate in Alberta?

    No. Not every estate in Alberta requires probate. Whether probate is necessary depends on the assets in the estate, how they are owned and the requirements of the institutions holding those assets.

    Assets held jointly with another person may pass directly to the surviving joint owner without probate, depending on the deceased’s intentions and the nature of the joint ownership. Similarly, assets with a valid beneficiary designation, such as certain RRSPs or life insurance policies, may pass directly to the designated beneficiary rather than through the estate.

    An executor should contact banks, financial institutions and other organizations holding the deceased’s assets to determine whether they require a Grant of Probate before transferring or releasing those assets.

    Because each estate is different, an estate lawyer can help determine whether probate is required and what steps the executor needs to take.

  • Do I Need a Will in Alberta?

    While you are not legally required to have a Will in Alberta, having one allows you to decide how your estate will be distributed after your death. If you die without a Will, your estate will generally be distributed according to the intestacy provisions of Alberta’s Wills and Succession Act, rather than according to your own instructions.

    Certain assets may pass outside your estate. For example, property held jointly with another person may pass directly to the surviving joint owner, while assets with a designated beneficiary, such as life insurance policies or RRSPs, may pass directly to that beneficiary if they survive you.

    There can be exceptions. For example, an asset may be held in joint tenancy for administrative convenience while ultimately being intended for someone other than the joint tenant. Proper estate planning can help ensure your assets are distributed according to your wishes.

  • How Long Does It Take to Prepare a Will in Alberta?

    A Will can often be drafted relatively quickly once your estate planning lawyer has received your final instructions. However, the full process of preparing, reviewing and finalizing a Will typically takes approximately four to six weeks after your initial meeting.

    The timeline can vary depending on the complexity of your estate, your individual circumstances and whether revisions are required. If a Will or other estate planning document needs to be completed urgently, documents may be prepared on an expedited basis where possible.

  • How Much Does It Cost to Prepare a Will in Alberta?

    The cost of preparing a Will in Alberta depends on your individual circumstances, estate planning needs and the complexity of the documents required.

    Because every estate plan is different, fees are determined on an individual basis. Your estate planning lawyer can also discuss whether you should prepare an Enduring Power of Attorney and Personal Directive as part of your estate plan.

    Contact a member of our Wills, Estates and Trusts team to discuss your needs and obtain information about the fees that may apply.

  • Should I Set Up a Trust If My Family Lives in Canada and the United States?

    If you have family members or beneficiaries in both Canada and the United States, a trust may be one option for holding, managing and transferring property between generations. However, there is no one-size-fits-all solution for cross-border estate planning.

    Trusts involving Canadian and U.S. residents can create complex tax and legal considerations. Specific tax rules may apply where a trust has connections to both countries, including situations involving contributors or beneficiaries who are non-residents.

    Whether a trust is appropriate will depend on factors such as where family members and beneficiaries reside, the assets involved, your estate planning objectives and the potential Canadian and U.S. tax implications.

    Our cross-border estate planning team can assess your family’s circumstances and recommend an approach that addresses your estate planning and tax needs in both Canada and the United States.

  • What Are the Steps to Making a Will in Alberta?

    The first step in preparing a Will is typically meeting with an estate planning lawyer to discuss your circumstances, wishes and estate planning goals. If you are also preparing an Enduring Power of Attorney or Personal Directive, these documents can be discussed as part of the same estate planning process.

    Before your consultation, you may be asked to complete an Estate Planning Questionnaire with information about your assets, beneficiaries and other relevant circumstances.

    Your lawyer will then prepare the appropriate estate planning documents and provide drafts for your review. Once you are satisfied that the documents accurately reflect your wishes, you will meet with your lawyer to properly sign and execute them in accordance with Alberta's legal requirements.

  • What Happens If You Leave Part of Your Estate to a Minor Child?

    If you leave money or other property to a minor child or grandchild in Alberta, they generally cannot manage the inheritance themselves while they are under the age of 18.

    A properly drafted Will can establish a trust for the minor’s inheritance, appoint a trustee to manage the assets and specify when and how the inheritance should be distributed. For example, the Will may provide for the assets to remain in trust beyond the age of 18.

    If no trustee has been appointed to manage a minor beneficiary’s inheritance, the Public Trustee may become responsible for holding and managing the property, depending on the circumstances and value of the assets. A parent or guardian may also be able to manage certain assets or apply to the Court to be appointed as trustee.

    Careful estate planning allows you to establish how an inheritance will be managed for a minor beneficiary rather than leaving those decisions to the default rules that apply in Alberta.

  • What Is a Guardian for a Minor Child?

    A guardian is a person who has legal responsibilities and decision-making authority for a minor child, including responsibilities related to the child’s care, education, health and overall well-being.

    A child’s biological or adoptive parents may be their guardians. However, estate planning becomes particularly important if you have concerns about who should care for your child after your death or if you would like another person, such as a spouse who is not the child’s biological or adoptive parent, to become their guardian.

    A Will allows you to clearly document your wishes regarding guardianship of your minor children. Clearly addressing these wishes as part of your estate plan can help ensure they are considered if decisions about your child’s future care need to be made.

  • What is a Personal Directive in Alberta?

    A Personal Directive (PD) is a legal document that allows you to appoint someone, known as your Agent, to make personal and healthcare decisions on your behalf if you become unable to make or communicate those decisions yourself.

    A Personal Directive can address matters such as healthcare, medical treatment, accommodation and other personal decisions. It provides direction for how these matters should be handled and identifies who you trust to make decisions on your behalf if you lose capacity.

    A Personal Directive is sometimes referred to as a “living will,” although the terms are not necessarily interchangeable.

  • What is an Enduring Power of Attorney (EPA)?

    An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint someone, known as your Attorney, to manage your financial affairs on your behalf.

    Unlike a standard Power of Attorney, an EPA can continue to be effective if you lose mental capacity. This means your appointed Attorney can manage financial matters on your behalf if you become unable to make those decisions yourself.

  • What Is Probate?

    Probate is the legal process of confirming the validity of a deceased person’s Will and the authority of the executor named in the Will to administer the estate.

    Through the probate process, the Court may issue a Grant of Probate confirming the executor’s authority to deal with estate assets, pay debts and expenses, and distribute the estate to beneficiaries in accordance with the terms of the Will.

    A Grant of Probate may also be required by banks, financial institutions, land titles offices or other organizations before they will release or transfer certain assets belonging to the estate.

  • What Is the Probate Process in Alberta?

    The probate process in Alberta generally begins with the executor named in the Will preparing and submitting an application to the Court. The application includes the deceased’s original Will, required court forms and information about the deceased, beneficiaries, and the assets and liabilities of the estate.

    If the application is approved, the Court issues a Grant of Probate. This document confirms the executor’s legal authority to administer the estate and can be provided to banks, financial institutions, the Land Titles Office and other organizations when dealing with the deceased’s assets.

    If a person dies without a Will, a different process generally applies to appoint someone to administer the estate.

    The probate process can vary depending on the complexity of the estate. A probate lawyer can help prepare the application, identify potential issues and reduce the risk of errors or unnecessary delays.

  • What Wishes Can You Include in a Will?

    A Will allows you to document important wishes about how your estate should be handled after your death. This can include naming the executor and trustee of your estate, determining how your property will be distributed, leaving specific gifts to family members or charities, and addressing the care and support of minor children.

    For example, you may wish to leave particular personal belongings, such as jewellery, to a specific beneficiary, make a charitable gift, or provide instructions regarding the management of assets for your children.

    You may also use your Will to communicate wishes regarding funeral or burial arrangements, including whether you would prefer to be buried or cremated.

    A properly drafted Will provides clear instructions about your estate and helps ensure your wishes are understood and carried out in accordance with applicable law.

  • Will My Spouse Inherit My Entire Estate If I Die Without a Will?

    Not necessarily. If you die without a Will in Alberta, the Wills and Succession Act determines how your estate is distributed after debts and other estate obligations are paid.

    Your spouse or adult interdependent partner may receive your entire estate if all of your surviving descendants are also descendants of your spouse or adult interdependent partner.

    However, if you have descendants from another relationship, your spouse or adult interdependent partner may not receive your entire estate. Under the Wills and Succession Act, “descendants” is a broad term that can include children, grandchildren and great-grandchildren.

    Having a properly prepared Will allows you to provide clear instructions about how you want your estate distributed and can be particularly important for blended families.