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Old 07-25-2019, 10:01 AM   #48
troutman
Unfrozen Caveman Lawyer
 
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Join Date: Oct 2002
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It is rare that parents don't treat their children equally in their wills. It is even rarer for a Will to be varied in Alberta - it is expensive and difficult to over-turn a Will, and is usually only going to be successful where a parent did not make provision for a dependent child.

Common reasons for unequal distributions:

Estrangement - one child is out of contact with the family for many years; parents may not like child's spouse
Care giver - one child has been the primary care giver for elderly parents
Spendthrift - one child can't handle $ - for example, addiction issues, gambling, incompetent etc. These children can be protected in a discretionary trust rather than disinheriting them, or trusting your other children to look after them
Need - one child may be well off, and others might be struggling financially
Culture/religion - some families want to leave $ to male children only

Without compelling reasons, consider how much family damage could be caused with unequal gifts. Estate litigation can be more ugly than divorce disputes. Parties in a divorce can eventually go their separate ways. Brothers and sisters are always connected.

In Alberta testator's wishes are normally respected - you can do what you want with your $, with only a few limits. Consider though that it is is likely your wealth was built with the direct and indirect support of your parents. What would they have expected for their grandchildren? We will see an enormous wealth transfer when the baby boomers pass on.
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