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Old 02-01-2012, 10:17 AM   #4
troutman
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Quote:
Originally Posted by Bobblehead View Post
How bad is the issue with Will kits?

I mean I'm sure they don't even compare to getting it done correctly by a lawyer, but are there so many poorly done Will kits that they are creating a legal backlog?

Or is this to prevent the issue from becoming untenable?
IIRC, up to 40% of probate applications are being made by unrepresented executors. That, combined with many poorly drafted will-kits, seems to have bogged down the Surrogate Court.

Lawyers make more cleaning up the mess, than they would preparing proper wills.

Lawyers in Alberta had a big concern that the new Act was going to allow ex-spouses to "double-dip" in the estate. I am trying to determine if those sections were revised, forcing the ex-spouse to make an election between the gift in the will and the matrimonial claim . . .

From Alberta Justice - "The concerns have been heard and before the matrimonial property provisions come into force, focused discussions with members of the bar will be held . . . to be completed by the summer of 2012".

Last edited by troutman; 02-01-2012 at 10:38 AM.
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