About Will & Testament Law in Edmonton, Canada:
Will & Testament law in Edmonton, Canada, falls under the jurisdiction of the Alberta Wills and Succession Act. This legislation outlines the legality and enforcement of wills, including who can make a will, what provisions it can make, and how it can be amended or revoked. The law also deals with the distribution of a deceased person's estate, including in situations where a valid will is not present.
Why You May Need a Lawyer:
While it is possible to draft a will on your own, you might need a lawyer in several situations. If your estate is substantial or complicated, you might require professional advice to ensure your assets are distributed according to your wishes. You may also need a lawyer if you suspect your will might be contested, or if you have international property. Lastly, you may need a lawyer to help you navigate the probate process, which involves getting legal recognition for your will after you pass away.
Local Laws Overview:
In Edmonton, the local laws pertaining to wills and testament involve several key aspects. It is required by law for a will to be written and signed by the person making the will (the testator) or by someone else in their presence and by their direction. The signing of a will must also be witnessed by two people who are not beneficiaries or spouses of beneficiaries. If you die without a Will, the Wills and Succession Act dictates how your estate will be divided among your relatives.
Frequently Asked Questions:
1. Can I create an online Will in Edmonton?
Yes, you can create an online will in Edmonton. However, it is recommended to have it reviewed by a lawyer to ensure it meets all legal requirements.
2. Can a Will be changed after the death of the testator?
No, a will cannot be changed after the death of the testator. Any changes must be made by the testator while they are still alive.
3. What happens if I die without a Will in Edmonton?
If you die without a Will, your estate will be divided according to the Wills and Succession Act.
4. How often should I update my Will?
You should update your Will after any significant life events, such as marriage, divorce, the birth of a child, the death of a beneficiary, or a significant change in your financial situation.
5. Do all Wills need to go through probate in Edmonton?
Not all Wills need to go through probate in Edmonton. Probate is only required when the estate includes assets that require a grant of probate, such as real estate, or when financial institutions require a grant before transferring or releasing funds.
Additional Resources:
The Law Society of Alberta offers a Lawyer Referral Service that can help you find a lawyer specialized in Wills and Testaments in the Edmonton area. Edmonton Community Legal Centre also provides free legal advice on Wills and Estates matters.
Next Steps:
If you require legal assistance in Wills & Testament matters, you should first identify a lawyer who specializes in this area. Ensure any Will you draft meets the legal requirements set out in the Alberta Wills and Succession Act. Lastly, regularly revise your Will to reflect your current wishes and circumstances.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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