Frequently Asked Questions

Our Estate Package includes 3 documents:

Last Will and Testament (Will): This document outlines how you want your assets to be distributed after your death. It designates who will be managing your estate and who will be benefiting from your estate.
Enduring Power of Attorney (EPA): This document allows your appointed people to make decisions related to your finances and property, should you be unable to do so.
Personal Directive (PD): This document allows your appointed people to make decisions related to your healthcare and personal care, should you be unable to do so.

When we think of Wills and Estates, most people only think about what happens when you die, and your Will comes into effect. However, equally as important to your Will is what we call your Living Wills. These are your EPA and PD. These documents designate who oversees your finances, your property, and your health should you be alive but unable to make decisions on your own. All these documents protect your Estate – your wealth and well-being.

Living Wills are your EPA and PD. We call them Living Wills because they take effect if you are incapacitated or unable to make decisions for yourself but you still have a heart beat – you are still living - but need your wishes to be enforced. Your will comes into effect when you have no heart beat – you are no longer living.

In your Will, the people you appoint to manage your estate are called Personal Representatives (PRs). The PRs (also referred to as executors) are tasked with distributing and accounting for the administration of your estate.

In your Enduring Power of Attorney (EPA), the people you appoint to manage your finances and property are called Attorneys. This document comes into effect if you are alive but unable to make decisions.

In your Personal Directive (PD), the people you appoint to manage your health care and living situation are called Agents. This document comes into effect if you are alive but unable to make decisions.

In Alberta, the term Executor was replaced with Personal Representative (PR). They perform the same functions, but the language changed with the new Wills and Succession Act. If the word “executor” is still in an old document, that’s not a problem, the courts know what it means.

We do not provide options to mix and match what documents form your Estate Package. We think you should have all 3 so we provide you with all 3.

Sometimes people sign PDs with their doctor or health care professional. While this has likely been completed correctly, we recommend you use our PD as it is likely more detailed.

Your Estate Package is designed to allow some changes in your life. However, common reasons to update your Estate Package include:

• A change in your marital status
• Additional children or dependents not accounted for in your Estate Package
• People you have appointed to act on your behalf become unable or unwilling to act
• Significant asset changes
• Death of a beneficiary
• You sell or dispose of something that is a specific gift in the Will Should you require updates or changes to your Estate Package, we are able to do so with relative ease. Please contact our office and we will be pleased to assist you. Please note, legal fees may apply and are posted on our website along will other useful information.

Our Estate Package is designed for people with property and assets in Alberta. If you have property or assets outside of Alberta, we recommend you contact a lawyer in that jurisdiction to assist you.

Yes, we design our Estate Package to grow with you. If you plan to have children, please select that option on our questionnaire and it will provide options for us to assist you.

A Green Sleeve is an important document. However, it is prepared with the assistance of health care professionals and provides important information for your health care needs. You should let your family know about its existence along with your Estate Package.

There are 3 easy steps: 1 – Start online. On your time. Complete our on-line Questionnaire 2 – We follow-up to verify your instructions 3 – Meet with a lawyer to answer your questions and sign your Estate Package

The online Questionnaire takes most people about 5-10 minutes to complete.

We normally have your Estate Package ready for signing within 5-10 business days. That said, if you need an Estate Package prepared urgently, please let us know and we will do our best to accommodate.

Signing appointments normally take around 30 to 60 minutes. However, it may take longer or shorter depending on how many questions you have for the lawyer. It’s up to you.

No fee will be charged until you have signed your Estate Package.

You will receive all original documents and you can store them wherever you like. We recommend a waterproof, fireproof location. You may elect to use a safety deposit box at a bank but having a secure location in your residence is preferable. The intention is to make these documents easily accessible so you may review them from time-to-time and ensure your loved ones can access them in case of an emergency or your death.

You don’t need to list every item you own in your Will. In fact, we design your Will to cover your major assets. For example, if you die, the first thing your Estate must do is pay all your legally enforceable debts. Then, it’s designed to divide the value of the “rest and residue” of your major assets to the people you have identified. So, you want to keep more sentimental items of lesser value separate.

You don’t want people to challenge your Will. If there is a specific item, for example, you leave your wedding ring to your son but your daughter believes you promised it to her, she can challenge the details of your Will and delay the entire administration of your estate which may include selling property and moving investments to the detriment of your other beneficiaries.

Our Estate Package includes a document that you can fill out after we’ve reviewed everything at your appointment. This document allows for you to express your wishes for things like sentimental items and pet care. It also provides for details such as where you store your passwords and important documents.

At your appointment, we’ll provide you with a document to record the contact details of your PR, Attorney, Agent, and your beneficiaries. Because this information is third-party Personally Identifiable Information (PII) we can not collect or store it, and it may change over time. So, it is important that you fill out this document and update it as necessary.

We will provide you with a document where you can record your organ/tissue donation wishes. The details of these wishes are not included in your Will or living wills but in a separate document. For more information about organ/ tissue donation we encourage you to register at MyHealth.Alberta.ca and learn more about the “Kitchen Table Talk” and the Logan Boulet effect at: www.GreenShirtDay.ca

We will provide you with a document where you can record your funeral wishes. The details of these wishes are not included in your Will or living wills but in a separate document for your PR.

Pets are technically property. But we know you love them so our package includes a place where you can ensure people know the details of your pets’ care.

Your Estate Package is designed to grow with you. So, you really shouldn’t have to make changes unless a significant event occurs in your life or to the people named in your Will.

For example, if you are a young couple, we do not name your children but mention that your estate is for the benefit of all your children. So, if you don’t have children now but have three children down the road, your Will is designed to account for all your children – meaning you don’t have to update it each time you have a child.

Also, for example, if your spouse passes away, your alternate PR automatically becomes the PR so you don’t have update your Will. It’s built to last you a while. That said, there are some life changing events that do require you to get an update, and the are listed below.

Your Estate Package is designed to allow some changes in your life. However, common reasons to update your Estate Package may include:

• A change in your marital status
• Additional children or dependents not accounted for in your Estate Package
• People you have appointed to act on your behalf become unable or unwilling to act
• Significant asset changes
• Death of a beneficiary
• You sell or dispose of something that is a specific gift in the Will

It is important that you keep the beneficiaries of any registered investments or life insurance plans up to date. We recommend you check with your investment or insurance advisor to see who is named as your beneficiaries as many registered plans do not form part of your estate.

There are other on-line services that offer Wills but they are not lawyers. They are on-line “Will-Kits”. We are real lawyers and will provide you with real legal advice as it relates to your personal situation.

Yes, you will meet with a lawyer to review your Estate Package and ask all questions you may have.

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