Top Four Reasons to Hire a Calgary Will Lawyer

Some people think that only those with conflicting interests need a willand estate planning lawyer. Others may rely on self-help materials or basic knowledge of succession. However, it is important to note that a will deals with vital concerns like guardianship of your minor children and distribution of assets, such as leaving your home, business, or other property to loved ones.

Worst case scenario

Consider a scenario in which a man writes a holographic will (handwritten will) leaving everything to his girlfriend. This could lead to numerous court hearings between the mistress and the man’s family who may claim that a previous will was signed by the man a few years before he died, or that the holographic will wasn’t in fact written by the deceased. Such a conflict could have been prevented if the man consulted with a will lawyer before he penned the will.

Hiring a will lawyer in Alberta to help you with the legalities of your will can give you the following advantages:

A will and estate planning lawyer can explain to you the whole process of writing a will. There are legal terms that you may find difficult to interpret. Lawyers can explain to you the meaning of complicated legal terms.

There may be taxes to consider. Certain jurisdictions have estate taxes. In other cases, capital gains taxes may or may not be payable by your estate depending on who your beneficiaries are.

 You can define your plan for your beneficiaries. If you have children or grandchildren, you can lay out your long term plans that involve their safety and security. Your will lawyer can assist you in making the document legally binding and appropriate. This is very important especially for incapacitated or minor children under your direct custody.

Conflicts between beneficiaries can be minimized, if not totally avoided. Vague wills are one of the most common causes of disputes between families and friends of the testator.  This can in most cases be avoided by using a lawyer to remove ambiguous wording.

It is apparent that seeking the advice of a will lawyer has numerous benefits. For more information, you can talk to a skilled and experienced Alberta will and estate planning lawyer today.

Mental Competence

When an elderly person is doing a will, it is very important to consider the issues of mental competency and duress. An elderly person’s will is more likely to be contested based on alleged incompetency or based on a suggestion that the testator (the person writing the will) was a victim of the undue influence of a spouse, friend, or family member. 

There are a few precautions that can be taken to minimize the chances of a will being challenged. One precaution is to speak with the lawyer and meet with the lawyer by yourself, so that your conversation is confidential and not overheard by children or even a spouse. It is not uncommon for an elderly person to attend at a lawyer’s office in the presence of his or her children to do a will. This can potentially lead to problems if the lawyer has to testify in court about the competency of the testator or has to attempt to refute an allegation that the will was made under duress. 

Children sometimes wish to be helpful to an elderly parent and will answer questions for the parent and make suggestions on the parent’s behalf. This may create the impression that the child is directing the parent and that the parent either lacks the mental wherewithal to resist the child or is perhaps a victim of elder abuse and going along with the child despite the parent’s own misgivings. 

My practice is to have a private conversation with the elderly person to determine that the person’s wishes are in fact being reflected in the will. I also invite the testator to contact me later in case he or she wishes to make changes to the will Calgary or supporting documents, such as the power of attorney or personal directive.

You should be frank with the lawyer during your private meeting and indicate if you have any concerns with the will or with your family members. The lawyer may even ask you questions that are meant to determine your level of mental awareness. These questions will likely be simple and conversational questions, but will be used by the lawyer to figure out whether you are aware of what you are doing. These precautions will help ensure that your will reflects your wishes and that it won’t later be successfully contested because another family member or friend was later concerned about competence or undue influence.