So tell me about wills.

[Locke]

Originally Posted by Fuzzy14

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.

I had a client who...she got her Father to amend his Will, in the Hospital on his Death Bed.

"My Siblings are contesting it!!"

No way! I can't believe that. You don't say.

[Fuzzy14]

I had a client who...she got her Father to amend his Will, in the Hospital on his Death Bed.

"My Siblings are contesting it!!"

No way! I can't believe that. You don't say.

I've done my fair share of death-bed will signings and dealt with many a contested estate. The circumstances surrounding the signing, and properly recording and documenting that, is far more important than the actual will itself.

[Titan2]

Originally Posted by Fuzzy14

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.

Obviously, you are probably correct. I was chiseling my notes on a stone tablet at the time. I think that perhaps the professor's point was that the judge would take away all of the typewritten text and then try to interpret the remaining handwriting as if it was a HW, which clearly it would not contain enough information to be able to find that it is a valid will.

[opendoor]

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.

Unless you have a complex estate, it's often pretty easy to set things up so that when one spouse dies, there isn't a whole lot of hassle to handle everything. For anything that's held jointly with right of survivorship (real estate, bank accounts, etc.) or where you've named a successor/beneficiary (TFSA, RRSP, pension, etc.), that all passes directly to the survivor outside of the estate, so the will and probate don't really come into play.

[firebug]

Originally Posted by opendoor

Unless you have a complex estate, it's often pretty easy to set things up so that when one spouse dies, there isn't a whole lot of hassle to handle everything. For anything that's held jointly with right of survivorship (real estate, bank accounts, etc.) or where you've named a successor/beneficiary (TFSA, RRSP, pension, etc.), that all passes directly to the survivor outside of the estate, so the will and probate don't really come into play.

Yes, for most married couples this is the case but double check everything to be sure.

I handle a dozen applications a year where they thought that everything was jointly held but 'surprise' you were tenants in common (rather than joint tenants).

[firebug]

Originally Posted by Fuzzy14

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.

This is lawyer speak for "things are gonna get expensive" ;-)

Betcha it would've been cheaper to get a professionally drafted will in the first place.

[Manhattanboy]

Here’s a common question and I think the only answer is to set up a trust because you can’t have a conditional gift in a will. Basically I’m concerned about a relative’s girlfriend and I don’t want to leave him a gift in my will if she’s in the picture.

[Erick Estrada]

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.

First of all big thanks to everyone in the thread that's provided advice. That's what makes this forum so great!

Yes there were two witnesses to the will. Looks like the GA8 will be the best way to go here as I can get one of the witnesses to fill this out. Does it have to be done in front of a notary or can it be filled out and just stamped by a notary?

Originally Posted by 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?

My dear. I always knew this day would come. I'm sorry you had to find out this way.

[Fuzzy14]

This is lawyer speak for "things are gonna get expensive" ;-)

Betcha it would've been cheaper to get a professionally drafted will in the first place.

Like any good lawyer, I will say: "it depends"

[Fuzzy14]

First of all big thanks to everyone in the thread that's provided advice. That's what makes this forum so great!

Yes there were two witnesses to the will. Looks like the GA8 will be the best way to go here as I can get one of the witnesses to fill this out. Does it have to be done in front of a notary or can it be filled out and just stamped by a notary?

Affidavits will require a Notary Public or commissioner for oaths. All lawyers are automatically a Notary Public, and are often easier to find (we're like vermin, we're everywhere).

[dino7c]

he's a bit of a homer but I enjoy his PBP

[Fuzzy14]

Here’s a common question and I think the only answer is to set up a trust because you can’t have a conditional gift in a will. Basically I’m concerned about a relative’s girlfriend and I don’t want to leave him a gift in my will if she’s in the picture.

you'll want to speak to a lawyer to get some more specific legal advice based on your circumstance. Generally, you can get away with a condition if it is a condition precedent. A conditional gift where the condition is subsequent will generally fail. There are a lot of other matters that factor in. Depending on the specifics of your situation, a testamentary trust may be a good option.

[Cube Inmate]

This is all interesting stuff, and a little annoying. Reading Gov't of Alberta's website and the legislation details from QP, it's clear that for a will to be valid, all that's required is 2 witnesses. But from what I'm reading, at least one witness further has to swear/affirm that they were said witness, meaning you need not just 2 witnesses but a freaking commissioner anyhow to take their oath/affirmation.

It does make sense to have protections in place, but it would also make sense to convey this information to the public rather than suggesting that "2 witnesses" is enough.

ETA: I got mine done through a lawyer and they did the whole sign/seal thing. At the time, it seemed somewhat performative given the legal requirements for witnesses but in retrospect, it should eliminate some of the headaches of having to prove that my witnesses were actually real humans.

[Erick Estrada]

Originally Posted by Cube Inmate

This is all interesting stuff, and a little annoying. Reading Gov't of Alberta's website and the legislation details from QP, it's clear that for a will to be valid, all that's required is 2 witnesses. But from what I'm reading, at least one witness further has to swear/affirm that they were said witness, meaning you need not just 2 witnesses but a freaking commissioner anyhow to take their oath/affirmation.

It does make sense to have protections in place, but it would also make sense to convey this information to the public rather than suggesting that "2 witnesses" is enough.

ETA: I got mine done through a lawyer and they did the whole sign/seal thing. At the time, it seemed somewhat performative given the legal requirements for witnesses but in retrospect, it should eliminate some of the headaches of having to prove that my witnesses were actually real humans.

Yeah if I could do it again I would go with a lawyer from the start but a couple of my siblings were adamant that given her relatively straightforward lack of assets outside of her house that we could do it this way so big brother gave them the benefit of the doubt, never having gone through this before. I'm definitely going through a lawyer when it comes to my dad.

[troutman]

Estate Planning:

Every person or family should have Wills, Powers of Attorney and Personal Directives. Most law offices bundle these documents in relatively inexpensive flat fee packages. All lawyers should include the Affidavit of Witness at the time the Will is signed. Home Made will kits are often improperly drafted, and it costs far more for lawyers to try and rectify deficient wills.

A commissioner can sign the Affidavit of Witness with the witness - does not have to be a lawyer or notary.

Estate Admin:

When there is a will you may have to apply for a Grant of Probate. When there is no will, it would be a Grant of Administration. Similar applications, and the fees should be about the same. Most lawyers refer to a fee schedule - $2250 + 1% gross value of estate. Some offices are willing to offer a discount or negotiate on the fee. Our minimum fee is $3000. Most law offices can also assist with the sale or transfer of real estate after the Grant is issued. They can help with distributions and releases.

It used to be applications were done on the paper NC forms. It was taking the Court four months or longer to issue a Grant.

Lawyers now have access to the Surrogate Digital Service:

https://surrogate.alberta.ca/assets/...al-Service.pdf

Eligible applications can now be processed through the service in less than one month. The NC forms have been replaced by the GA paper forms - these applications are now being processed in 2- 3 months.

[Titan2]

Originally Posted by troutman

Estate Planning:

Every person or family should have Wills, Powers of Attorney and Personal Directives. Most law offices bundle these documents in relatively inexpensive flat fee packages. All lawyers should include the Affidavit of Witness at the time the Will is signed. ...snip

Can you give an idea of what that fee would be? Does it need to be in person until the signing?

[Titan2]

Is there anyone on here that works in the deep south that can provide the wills package troutman speaks of?

[troutman]

Originally Posted by Titan2

Can you give an idea of what that fee would be? Does it need to be in person until the signing?

The fees range from $1200 to $2000 + depending on the firm (more downtown). We are in the SE.

The signing is in person. Much of the consulting can be done remotely.

[Fuzz]

Troutman did ours, I think we came in for the initial and final, but did everything else remotely. He took a lot of the uncertainty out of it, and talked us through options and any confusing bits.


I'm a cheap DIY bastard, and after a quick look at DIYing this, I decided it was probably a lot more hazardous than working on my gas range(fixed it 3 times now!), and we don't even have kids to worry about. Well worth it(particularly if one of my other DIY adventures goes wrong).

[Titan2]

Originally Posted by troutman

The fees range from $1200 to $2000 + depending on the firm (more downtown). We are in the SE.

The signing is in person. Much of the consulting can be done remotely.

I had thought you were WAY up north. Thanks.