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A Will & Testament in Calgary determines how your estate will be distributed upon your death. It helps minimize the likelihood of disputes among beneficiaries, and ensure that your wishes are upheld. Creating a Will & Testament is based on the Wills and Succession Act in Alberta which outlines the structure and governing principles.
A lawyer well-versed in Will & Testament can assist in various ways. These include drafting a legally sound document, advising on the implications of your decisions, reducing fiscal obligations, helping in updating your will whenever necessary, and most importantly, making certain that your will is valid and your estate is dispersed according to your wishes.
In Calgary, the Will must meet certain requirements to be valid under the Wills and Succession Act. A legally valid Will must be in writing, signed by the testator or by someone else at his or her direction, and be witnessed by two people present at the same time. Furthermore, only adults of 18 years or older can create a Will and they should be of sound mind and understanding. Without meeting these conditions, a Will may be seen as invalid.
Yes, you can create your own Will. However, if not properly constructed, it may result in legal challenges. Therefore, it is generally recommended to use an experienced lawyer to help in the process.
If a person dies without a Will, they die "intestate". In this case, the Wills and Succession Act outlines the distribution of your estate, which might not align with your actual wishes.
Yes, a Will can be changed or updated whenever necessary. It's advisable to review and possibly change your Will after major life events such as marriage, divorce, or the birth of a child.
The witnessing of the Will is critical. The witnesses must not be beneficiaries or spouses of beneficiaries, for the Will to remain undisputed.
Executors are mentioned in your Will to handle the distribution of your estate. If no executor is provided, the court will appoint an administrator to perform the task.
The Office of the Public Trustee for Alberta, Alberta Courts, and Service Alberta websites provide valuable information regarding Wills and Estate Planning.
If you need legal assistance crafting your Will & Testament, consider consulting with a local, well-practiced estate planning lawyer in Calgary. They can help guide you through the process, avoid any possible pitfalls and ensure your estate is managed exactly as you wish after your death.
