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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?
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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.