Wills: Build Your Legacy with Forum Estates LLP
Writing a will isn’t just ticking boxes…it’s shaping your story, preserving your values, and guiding loved ones long after you’re gone.
“A will should reflect the author’s life, not just their estate”—Dr. Elaine Cunningham, Estate Law Scholar.
Wills
Build Your Legacy with Forum Estates LLP
Writing a will isn’t just ticking boxes; it’s shaping your story, preserving your values, and guiding loved ones long after you’re gone.
The lawyer will tell you wills are filed in probate in nearly every instance before the dust has adjusted itself on the grave of the testator, and that no lawyer should be asked to write a will cheaply or hastily.
— Ancient, Curious, and Famous Wills, Virgil M. Harris
The “Will Power”
Why You Need a Will in Alberta
A staggering over 50% of Canadian adults don’t have a will, according to a 2023 Angus Reid report. Yet dying without a will, called dying intestate, can cause devastating consequences:
- The government, not your family, decides who gets what.
- Minor children may not end up with your chosen guardians.
- Uncertainty about asset distribution can create unnecessary burdens.
- Family disputes and costly litigation become more likely.
“The question is not what the testator meant to do when he made his will, but what the written words he used mean in the particular case.”
– Viscount Simon L.C., Perrin et al. v. Morgan et al.
Who Can Make a Will?
Under Alberta’s Wills and Succession Act, to make a valid will, you must:
- Be at least 18 years old (with some exceptions)
- Be of sound mind
- Understand the nature and consequences of your decisions
- Sign the will voluntarily
Wills made under duress, or by individuals lacking mental capacity, can be challenged in court under the Act and relevant common law principles.
Types of Wills in Canada
Wills are not one-size-fits-all. Canadian law recognizes several types, each with its own benefits and limitations:
1. Formal Wills (Testamentary Wills)
- Prepared in writing and signed in front of two witnesses.
- Most legally secure and versatile.
- Can include trusts, guardianship clauses, and detailed tax strategies.
2. Holograph Wills
- Entirely handwritten and signed by the testator.
- Legal in Alberta under the Wills and Succession Act, SA 2010, c W-12.2.
- No witnesses required—but prone to misinterpretation and challenge.
3. Notarial Wills
- Used mainly in Quebec.
- Executed before a notary and stored in a public registry.
4. Online & DIY Wills
- Growing in popularity.
- Risky if not reviewed by an estate lawyer—errors could void the entire document.
1. Formal Wills (Testamentary Wills)
- Prepared in writing and signed in front of two witnesses.
- Most legally secure and versatile.
- Can include personalized arrangements for dependents or special requests.
3. Online & DIY Wills
- Growing in popularity.
- Risky if not reviewed by a Professional
- Review helps avoid oversights. Errors could void the entire document.
2. Holograph Wills
- Entirely handwritten and signed by the testator.
- Legal in Alberta, under the Handwritten documents are valid but require careful preparation.
- No witnesses required—but prone to misinterpretation and challenge.
4. Notarial Wills
- Used mainly in Quebec.
- Executed before a notary and stored in a public registry.
Wills and Probate
The Connection
- Simplifies probate explanation: "A well-prepared will streamlines the process of validating your wishes."
- Ensures your executor has clear instructions
Without a will, courts must appoint an administrator, which often takes longer and incurs higher costs. Probate delays can tie up bank accounts and estate assets for 6 to 18 months, sometimes more.
Ways to Alter a Will:
- Codicil – A legal amendment signed with witnesses.
-
New Will – Revokes all prior wills automatically under
Wills and Succession Act, Section 23(1). - Revocation Clause – Included in new will to ensure clarity.
“Having an outdated Will is almost just as dangerous as not having a Will at all.”
– Dangers of Not Having a Will, LegalWise
Why Choose Forum Estates LLP
- Tailored Approach: Solutions designed for your family’s unique dynamics.
- Future-Ready Planning: Regular reviews keep your wishes current.
- Empathetic Guidance: We translate complex concepts into clear steps.
FAQS
1. Why should even small estates have a will?
A will helps your wishes to come true. It provides for the distribution of assets, custody of minor children and appointment of executors. In the absence of a will, local laws of intestacy become operative, which do not always reflect your intentions and may not include vulnerable relatives.
2. What is the age at which you should write a first will?
You should prepare a will as soon as you reach the age of majority, typically 18. Wealth is not a requirement. Even a small amount of digital property, dependents, or modest assets makes a will important. Early planning ensures clarity and reduces the risk of family disputes in the future.
3. Is it possible to update my will in case of some drastic changes in my life?
Yes, and you ought to. Most people forget to update their will after major life-changing events, such as marriage, divorce, birth of a child or the purchase of a new property. It is advisable to seek the advice of an expert lawyer and go through your will once a period of three to five years has elapsed, so as to assess whether your wishes are still contained in the will.
4. What happens if I die without a will?
5. Can I disinherit close family members in my will?
6. Does jointly held property bypass a will?
7. What is a testamentary trust arising out of a will?
A will may contain a testamentary trust, which is executed after death. It will help you dictate to whom and in what way the assets are distributed. They are usually applied to minors, persons with disabilities, or people with benefits who require financial management.
8. Should I have a lawyer to write my will?
9. Who can become my executor?
You should select a person whom you trust, who is organized and who is financially responsible. Debts, taxes and division of assets are taken care of by your executor. A will can also provide you with the option to appoint a different executor if the first one is unable to complete the task.
10. Can my executor get paid?
Yes. Executors can receive reasonable compensation, which is typically stipulated in the will or outlined in the statute. These vary by province and are normally calculated based on a ratio of the estate’s worth or on a flat-rate basis.
11. What is the execution of the will?
An acceptable will should be signed by an adult of sound mind and witnessed by at least two people. These witnesses should also attest to the document, and they are usually ineligible to be beneficiaries. Special affidavits and notarization are also required in some provinces.
12. How do I revoke my will?
You can revoke a will by writing a new one, physically destroying the old one, or filing a written revocation of the will. For any method, you must have legal capacity at the time of revocation to make the act valid.
Let’s begin your journey
- Contact our office to schedule a consultation.
- Gather your asset and family details.
- Explore personalized options for your legacy.
- Review, finalize, and execute your will.
Your family deserves clarity. Your legacy deserves protection. Forum Estates LLP blends legal authority with empathetic support to ensure your final wishes resonate for generations.
