So tell me about wills.

[Erick Estrada]

I've never dealt with family death before so I'm a major noob here. My dear aunt passed away last week. She did up one of those generic wills and had me on as executor and all that and I understand that's good enough for alberta but she owns a house which means I have to go through probate. I have received conflicting information regarding the notarization of the will. I have been told that it's not required in Alberta but it's required for probate. When I check online it only says you need an affidavit filled by a witness. Also when I check notary services online they say they don't do wills. I'm sure I could go to a lawyer but I don't want to get raked over the coals here if I don't have to as she has a small estate with no vehicles or assets outside of the house. Anyone have some advice or expertise they may be able to share?

[puckedoff]

You don't need a will, the only people they benefit are those still alive when you die (wife/kids/grandkids etc.)

[Sliver]

Originally Posted by Erick Estrada

I've never dealt with family death before so I'm a major noob here. My dear aunt passed away last week. She did up one of those generic wills and had me on as executor and all that and I understand that's good enough for alberta but she owns a house which means I have to go through probate. I have received conflicting information regarding the notarization of the will. I have been told that it's not required in Alberta but it's required for probate. When I check online it only says you need an affidavit filled by a witness. Also when I check notary services online they say they don't do wills. I'm sure I could go to a lawyer but I don't want to get raked over the coals here if I don't have to as she has a small estate with no vehicles or assets outside of the house. Anyone have some advice or expertise they may be able to share?

A house is a pretty big asset, dude, and you're going to need a lawyer to close on selling it, anyway. I'd loop them in right now. I sold my mom's house last year while it was still under probate and the lawyer made that easy AF to do.

Also, the realtor said this wasn't something that could be done, but the lawyer made it so easy, so if you are going to sell the house and the realtor says it can't be done until probate clears, just put them in touch with your lawyer who will add a clause to the contract. It seemed simple from my end and meant we didn't have to hold onto an empty house we were paying bills on. I like to rocket through things, though, so waiting would have annoyed me.

But yeah, you hear a lot about how lawyers are so expensive, but when it comes to wills and real estate I've always found them to be very cheap for what they offer. It's not like what I imagine the costs a divorce or some big litigation would involve.

Sorry you lost your aunt, dude. Take care.

[firebug]

Originally Posted by Erick Estrada

I've never dealt with family death before so I'm a major noob here. My dear aunt passed away last week. She did up one of those generic wills and had me on as executor and all that and I understand that's good enough for alberta but she owns a house which means I have to go through probate. I have received conflicting information regarding the notarization of the will. I have been told that it's not required in Alberta but it's required for probate. When I check online it only says you need an affidavit filled by a witness. Also when I check notary services online they say they don't do wills. I'm sure I could go to a lawyer but I don't want to get raked over the coals here if I don't have to as she has a small estate with no vehicles or assets outside of the house. Anyone have some advice or expertise they may be able to share?

I do Estate administration full time (not a lawyer however). If she owns real estate (with no other joint tenants) then a grant of probate will be required. Feel free to reach out if you have any specific questions.

Yes, you'll need to obtain either a GA8 Affidavit of Witness to a Will or GA9 Affidavit of Handwriting prepared. Were there two witnesses to the Will?

I'll be frank... Will Kits are big money for lawyers. It's rare I see one that is properly completed and when they go wrong it can be big big bucks to get resolved. I could share stories where beneficiaries were out hundreds of thousands of dollars because of a kit.

If you want to screw over a lawyer... pay them to prepare a will for you.

[MoneyGuy]

Not sure if they still do but Self-Counsel Press used to put out excellent books covering this kind of thing. You could find them in racks in bookstores and certain other places - likely online as well. They’re inexpensive and very good. The book is a good tutorial should you use a lawyer.

[Fuzzy14]

I do Estate administration full time (not a lawyer however). If she owns real estate (with no other joint tenants) then a grant of probate will be required. Feel free to reach out if you have any specific questions.

Yes, you'll need to obtain either a GA8 Affidavit of Witness to a Will or GA9 Affidavit of Handwriting prepared. Were there two witnesses to the Will?

I'll be frank... Will Kits are big money for lawyers. It's rare I see one that is properly completed and when they go wrong it can be big big bucks to get resolved. I could share stories where beneficiaries were out hundreds of thousands of dollars because of a kit.

If you want to screw over a lawyer... pay them to prepare a will for you.

Lol, or you could deal with a lawyer that knows what they're doing, rather than an idiot.

anyhow... PM sent.

[Terradude]

From my wife who recently retired after 30 years paralegal in wills and estates:

Generally as part of the probate process you need to provide evidence in the form of an affidavit that the will was properly executed. That means having one of the witnesses swear an affidavit that they were present with the other witness and saw the testator sign their will. That affidavit is one of the documents that gets filed at the court during the probate application. If you don’t have two witnesses, the will may not be valid or a Court application may be necessary to validate the will (which would require a lawyer). Lawyers may be willing to charge a hourly rate for preparing the application instead of a percentage of the estate value or the executor can prepare and submit the documents themselves. In my experience, by the time the application is accepted and granted by the Court the executor will have wished they used a lawyer. There are other steps that are necessary for the executor (like filing the final / terminal tax returns and reporting to beneficiaries), that a lawyer would help with and which would protect the executor from claims of wrongdoing (mistakes). Once you act as an executor (take any steps) you have to finish the job so you may want to know what you’re getting into before you do anything.

[CaptainYooh]

Talk to troutman. This is what he does for living, I believe.

[fotze2]

Very weird you started this thread today. I just PM'd firebug on this exact thing a few hours ago.

Are you my wife?

[getbak]

Originally Posted by fotze2

Are you my wife?

Wouldn't this be a hell of a way to find out?

[fotze2]

Originally Posted by getbak

Wouldn't this be a hell of a way to find out?

That my aunt died too!

[DoubleF]

Don't be shy in getting a professional involved. Seriously.

Your role is basically to keep things rolling to the end goal. There's nothing wrong in getting professional help to get it sorted out if you have no idea how to proceed.

Protects you from headaches when things go sideways. You're less likely to get challenged on the end result if the beneficiaries are not happy with the result. Most beneficiaries shut up if they realize their opponent is a lawyer firm and not an amateur. Get a professional to navigate this efficiently and effectively rather than run in blind and yelling for guidance in the darkness.

[Titan2]

One anecdote from school a long time ago is that if a will kit is not completed properly then the court will consider it a holographic will, which just means a handwritten will. However, all the court will consider is the parts that are in handwriting, which, when you remove all the typewritten text, is just gibberish and the will will not be probated. I have understood it is better to just write out a will in your own handwriting expressing your wishes and sign and date it.

Another neat anecdote is the farmer who got trapped under his tractor. He used a nail to scratch out his will in the fender of the tractor and the court considered that a valid holographic will.

Hire a lawyer. Hours of aggravation vs. a couple thousand bucks? No brainer. Plus if they screw up you have a regulatory body to complain to, insurance to access and someone to sue. All good reasons to pony up. (edited to add: plus I am corporate counsel so I don't have to pay insurance so I say SUE EM ALL AND LET THE JUDGE FIGURE IT OUT!!)

Thus endeth my knowledge of wills and estates.

p.s. my wife and I did a proper will when my first daughter was born. We have not updated it and my second daughter who was born 4 years later is now 18. Oops.

[Izzle]

Originally Posted by firebug

I do Estate administration full time (not a lawyer however). If she owns real estate (with no other joint tenants) then a grant of probate will be required. Feel free to reach out if you have any specific questions.

Yes, you'll need to obtain either a GA8 Affidavit of Witness to a Will or GA9 Affidavit of Handwriting prepared. Were there two witnesses to the Will?

I'll be frank... Will Kits are big money for lawyers. It's rare I see one that is properly completed and when they go wrong it can be big big bucks to get resolved. I could share stories where beneficiaries were out hundreds of thousands of dollars because of a kit.

If you want to screw over a lawyer... pay them to prepare a will for you.

Firebug, do effectively execute the will?

I wanted my wife to be the executor of my will, but if something were to happen, I doubt she'd be in the emotional state to execute the will.

I'd much rather have a 3rd party execute the will and have the company take a fee for the services they provide.

[Hockey Fan #751]

He's pretty good. Got nothing on Peter Maher, though.

[fotze2]

Originally Posted by Fuzzy14

Lol, or you could deal with a lawyer that knows what they're doing, rather than an idiot.

anyhow... PM sent.

I think that's exactly what he meant. ??

[firebug]

Originally Posted by Izzle

Firebug, do effectively execute the will?

I wanted my wife to be the executor of my will, but if something were to happen, I doubt she'd be in the emotional state to execute the will.

I'd much rather have a 3rd party execute the will and have the company take a fee for the services they provide.

I should be more precise... i don't act as either an executor or a trustee (but I can refer you to people that do). I manage an estate group at a small law firm and am the main point of contact for our clients obtaining grants of Probate/Administration and do the initial consults for our client's who are engaging us to prepare their wills/EPsOA/PDs.

I'm a certified executor advisor and a CFA so am well equipped to deal with the bureaucracy and annoyances that my executors are having to deal with.

Professional executors are something that I recommend many of our clients consider naming in their wills.

[Caged Great]

Originally Posted by CaptainYooh

Talk to troutman. This is what he does for living, I believe.

My mother recently drafted a will with him and it was a smooth process from start to finish.

Would easily recommend.

[Locke]

I have mentioned this a million times from a Tax perspective.

Get a Will.

Get an Enduring POA.

You do NOT want to be in a position where you have to make decisions for people without these documents in place.

[Fuzzy14]

One anecdote from school a long time ago is that if a will kit is not completed properly then the court will consider it a holographic will, which just means a handwritten will. However, all the court will consider is the parts that are in handwriting, which, when you remove all the typewritten text, is just gibberish and the will will not be probated. I have understood it is better to just write out a will in your own handwriting expressing your wishes and sign and date it.

I don't think this is exactly correct. I believe, improperly filling out a do-it-yourself will kit does not operate to make your will a holographic will. A holographic will must be written entirely by your own hand and not generated by way of mechanical processes. Improperly filling out a kit renders it the same in terms of enforceability as an improperly executed formal will prepared by a lawyer.

Arguably, you are better off either doing a proper holographic will or having a formal will prepared by a lawyer, rather than taking the do-it-yourself route and risking stepping in it.

Follow-up note: an improperly signed will is not fatal, it just complicates things a touch.