FAQs For Calgary Legal Wills

FAQs For Calgary Legal Wills

Answered By Russ WeningerCalgary Legal Wills Lawyer

What happens if all of the

beneficiaries mentioned in a

will have already died?

There are likely surviving family members who are still eligible to receive assets under intestate succession legislation, even if these people are distant relatives.

What’s the difference between a will and

a power of attorney?

A will distributes your assets to others after you have died.

A power of attorney, on the other hand, appoints a representative to manage your assets and finances while you are still alive.

The representative appointed under a power of attorney has a fiduciary duty to the person who has appointed him or her.

A fiduciary duty means that the representative (the attorney) must act in utmost good faith and exercise his or her powers in the best interests of the person who appointed the representative.

The attorney is not entitled to get rich off of the assets of the donor (the person who appointed the attorney).

Can you do a living will in Alberta?

In Alberta, the legal term used for this is a personal directive.

Personal directives are an important part of the “estate planning” process. You typically appoint one or more representatives, and indicate what your medical wishes might be in the event that you cannot communicate your wishes at a later time.

Is it easy to track down a will of a deceased relative if I don’t know where it is

located?

No. This can be quite difficult. If you know the deceased person used a particular lawyer for some purpose in the past, you should try to contact that lawyer.

If you have trouble finding that lawyer, you should contact the Law Society of Alberta to see if that lawyer is still practicing. Though it’s not a good idea to store your will at home, many people do this.

Contact or Visit us for more information

(403) 265-4496Suite 300, 404 - 6th Avenue SW Calgary, AlbertaT2P 0R9

[email protected]