If I Die without a Will:
If you die without a Will, everything you own (except joint property) will
be distributed under the rules of the Intestate Succession Act.
For example, if you are married and have four children (minor children or adult
children) your estate would be distributed as follows:
If you want to control where your property goes on your death, you must have a Will.
No Guardian and My Children:
If your child has another guardian, nothing needs to happen. That guardian
can continue to ensure that the child is taken care of.
If you are the only guardian of your child and have not named a guardian in your
Will, your child becomes “a child in need of intervention” under the Child,
Youth & Family Enhancement Act. The Director (more commonly known as “Social
Services”) steps in to ensure that the child is placed with an appropriate
guardian. This may be a family member but might not be the person you would have
chosen to be a guardian for your child.
Leaving Money for Minors: Most of our clients choose upon our instruction to set up a trust in their Wills. The typical trust allows the guardians to use the funds of your estate to take care of the children until they reach adulthood. Then the money left is distributed to the children at an age chosen by the person making the Will.
What is an Executor: The executor is the person that you appoint in your Will to ensure that the wishes you stated in your Will are carried out. In Alberta, the term “Personal Representative” is often used to describe this person. “Executor” and “Personal Representative” are used interchangeably.
What is "Probating a Will": Probate is a Court process where the judge determines and certifies that the Will is valid. Probate can be an expensive process but is sometimes necessary. When drafting your Will, we can discuss things that you can do in order to make probate of your Will less likely to be required.