When to Write or Rewrite a Will

As a Calgary will lawyer one common question from clients I usually encounter is when should a person write, or rewrite, a will. The first part of the answer is easy. If you are an adult and do not have an existing will, you should write one. That being said, wills aren’t necessarily cheap. Most people will wait until they are gainfully employed, at least a few years out of school, and often in a stable relationship before will writing is even considered. I don’t necessarily advocate waiting until you have money, are married, or have children before you write a will, but I’m realistic enough to know that the majority of us are more concerned about almost everything other than writing a will (Facebook status updates, what Kim Kardashian is doing, etc.) until life changes prompt a re-evaluation of priorities.  

It is difficult to say categorically when someone should rewrite a will. I usually advise parents of minor children to rewrite their wills sometime after their children have reached adulthood. If you get married or divorced (or, for that matter, separated) you should likely rewrite your will. If you have children, or children from a new relationship, you may wish to rewrite your will. Having a beneficiary or executor die may prompt you to consider a rewrite. Becoming estranged from a beneficiary or executor may also suggest a revised will is in order. As well, having relatives become dependent on you may be an indication that your will should be re-examined. For example, if a parent, child, or sibling becomes disabled, and you are responsible for that person’s wellbeing, then you may well have to make adequate provision for that person in your will. This is not, of course, an exhaustive list. 

As a rule, it probably makes sense to have a look at your will at least once every six to twelve months. If your will still reflects your wishes and circumstances, then there is no need to change it. On the other hand, if changes ought to be made, there is no time like the present.

Why should you hire a Calgary Immigration Lawyer?

When acquaintances find out that I’m a Calgary immigration lawyer, they often ask a variation on the following question: I understand why someone being deported would hire an immigration lawyer, but why would the average person hire a lawyer just to do an immigration application? Unfortunately, this way of thinking often leads to problems. As in many areas in which having legal counsel is advisable, if you consult with an immigration lawyer only after something has gone wrong, it’s quite possibly already too late to change the outcome at that point. If you obtain the services of an immigration lawyer Calgary only after an application is rejected, for instance, you are faced with the prospect of either starting your application from scratch (if that is even still possible) or appealing the adverse decision (if that is even still possible). Either way, you have likely wasted both time and money and would have been much better off retaining a lawyer from the outset.

The reason for this is simple. A lawyer is not simply an advocate representing clients in an adversarial context. A lawyer is fundamentally an advisor who can help you navigate the complexities of legal and bureaucratic systems. A would-be immigrant is faced with many possible immigration routes. Some may be relatively quick and efficient. Others will be long and circuitous, with countless obstacles. Others will be dead ends from the start. Even if the choice of immigration application seems obvious, an ostensibly straightforward immigration application can unexpectedly become a migraine-inducing mess of paperwork.

Most applications require the applicant to elaborate on his or her personal history, education, work experience, family status, and finances. Even with a so-called typical or average application, there is likely going to be a problem with providing information related to at least one of these areas. For example, perhaps your application requires two years of work experience. You have the experience, but your previous employer is no longer in business, or does business under a different name. An immigration lawyer Calgary will likely be able to anticipate many of these problems, and if such problems are encountered, may have strategies for effectively dealing with them. A do-it-yourself mentality is fine in some circumstances, but when the consequences of failure are severe, it is wise to engage the services of a professional.