Wills
Planning for the future is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected. A carefully prepared will provides clear instructions for the distribution of your estate, identifies the people you trust to carry out your intentions, and helps reduce uncertainty for your family during a difficult time.
At Ivy Law, we provide compassionate and practical legal guidance for individuals and families preparing, reviewing, and updating wills across Alberta and British Columbia. Our wills and estate lawyers assist clients with creating legally effective wills, appointing executors, planning for beneficiaries, establishing testamentary trusts, and addressing important estate planning considerations.
Our team assists clients throughout Calgary, Lethbridge, Medicine Hat, Red Deer, Vancouver, Surrey, and Abbotsford, offering personalized legal support for will drafting, estate planning, will amendments, executor appointments, and related wills and estate matters.
Get the legal guidance you need. Contact IVY Law for a free, confidential consultation to discuss your case, understand your options, and take the first step toward protecting your rights.
Key Takeaways
- A legally valid will allows you to establish how your estate should be distributed after your death, subject to applicable legal obligations and statutory claims.
- A will can appoint an executor to administer your estate and carry out your testamentary instructions.
- Parents may use a will to express their preferences concerning guardianship arrangements for minor children, although applicable law determines how guardianship is established.
- A properly drafted will can address complex family circumstances, establish testamentary trusts, and reduce uncertainty for beneficiaries.
- Alberta and British Columbia have different legal requirements governing wills, execution, amendments, and estate distribution.
Wills & Estate Planning Representation
A will is a fundamental component of a comprehensive estate plan. It allows you to make important decisions about the distribution of your assets, the administration of your estate, and the financial well-being of the people who depend on you.
Without a valid will, your estate may be distributed according to provincial intestacy legislation rather than your personal preferences.
At Ivy Law, we understand that estate planning involves more than preparing legal documents. It requires careful consideration of your family relationships, financial circumstances, property interests, and long-term objectives.
Our lawyers work closely with clients to develop wills that clearly express their intentions while addressing relevant legal requirements and potential estate administration concerns.
We assist individuals, couples, parents, business owners, and families with preparing wills tailored to their circumstances.
Whether you’re creating your first will, updating an existing document, or planning for a blended family or complex estate, our team provides clear and personalized legal guidance.
Understanding Wills in Alberta & British Columbia
A will is a legal document through which an individual, known as the testator or will-maker, expresses instructions concerning the distribution of their estate after death.
A will may also appoint an executor, establish testamentary trusts, and address other matters permitted by law.
Important legal considerations include:
- Asset Distribution: Identifying beneficiaries and establishing how estate property should be distributed.
- Executor Appointment: Selecting a trusted individual or institution to administer the estate and carry out testamentary instructions.
- Beneficiary Planning: Considering spouses, children, other family members, charities, and individuals with particular financial needs.
- Guardianship Considerations: Expressing preferences or making legally permitted appointments concerning minor children, subject to applicable provincial requirements.
- Testamentary Trusts: Establishing trusts through a will to manage assets for minors or other beneficiaries over time.
- Legal Capacity: Ensuring the will-maker has the testamentary capacity required to create a valid will.
- Execution Requirements: Complying with applicable signing, witnessing, and other formal requirements.
- Will Amendments & Revocation: Understanding how an existing will may be updated, replaced, or revoked.
- Estate Claims & Obligations: Considering applicable family maintenance, wills variation, debt, and other legal claims that may affect estate distribution.
Wills in Alberta
Alberta’s Wills and Succession Act establishes important requirements concerning the creation, interpretation, alteration, and revocation of wills.
The legislation recognizes different forms of wills, subject to their respective legal requirements.
A properly prepared will can appoint a personal representative, establish beneficiary arrangements, and provide instructions concerning the distribution of estate property.
Alberta law also includes provisions concerning family maintenance and support claims that may affect the distribution of an estate.
Wills in British Columbia
British Columbia’s Wills, Estates and Succession Act governs important aspects of wills and estate succession.
The legislation establishes requirements concerning will-making capacity, execution, revocation, and the legal recognition of testamentary documents.
British Columbia also permits eligible spouses and children to apply for variation of a will in certain circumstances where adequate provision has not been made.
Our lawyers help clients understand these provincial differences and prepare wills appropriate to their personal circumstances.
What Happens Without a Will?
When a person dies without a valid will, their estate is generally distributed according to the intestacy rules of the applicable province.
These rules determine who may inherit and the shares to which eligible family members are entitled.
The result may differ significantly from the deceased person’s personal intentions, particularly in blended families or situations involving unmarried partners and other relatives.
A properly prepared will can provide greater clarity and reduce the likelihood of unintended outcomes.
How We Help
- Draft legally effective wills
- Review and update existing wills
- Advise on comprehensive estate planning
- Assist with executor and alternate executor appointments
- Prepare beneficiary and asset distribution provisions
- Advise on planning for spouses and children
- Assist with wills for blended families
- Prepare testamentary trust provisions
- Advise on estate planning for minor beneficiaries
- Address guardianship-related testamentary provisions
- Assist with charitable gifts and bequests
- Review estate planning for business owners
- Advise on jointly owned property and beneficiary designations
- Coordinate wills with trusts and powers of attorney
- Explain legal execution and witnessing requirements
- Prepare codicils and replacement wills where appropriate
- Advise on revocation and amendment of wills
- Identify potential estate administration concerns
- Explain statutory claims that may affect estate distribution
- Assist with estate planning reviews following major life events
The Will Preparation Process
- Initial Consultation: Discuss your family circumstances, assets, beneficiaries, estate planning objectives, and any concerns about future estate administration.
- Estate Planning Assessment: Review your intended distributions, family obligations, ownership arrangements, and other relevant legal considerations.
- Executor & Beneficiary Planning: Identify appropriate executors, alternate appointments, beneficiaries, and any special arrangements required.
- Will Drafting: Prepare a customized will containing clear instructions concerning estate distribution, executor powers, and other relevant provisions.
- Review & Execution: Explain the document, confirm that it reflects your intentions, and arrange for signing in accordance with applicable legal requirements.
- Ongoing Review & Updates: Revisit your will when your family circumstances, financial position, relationships, or estate planning objectives change.
Common Wills & Estate Planning Matters
- First-time will preparation
- Simple wills
- Comprehensive estate planning wills
- Wills for married and common-law couples
- Wills for parents with minor children
- Wills for blended families
- Executor and alternate executor appointments
- Beneficiary designations and distributions
- Testamentary trusts
- Trusts for minor beneficiaries
- Guardianship-related provisions
- Charitable gifts and bequests
- Wills involving business interests
- Estate planning for investment properties
- Joint ownership and estate considerations
- Will reviews and amendments
- Codicils and replacement wills
- Revocation of existing wills
- Estate planning following marriage or separation
- Coordination with powers of attorney and personal directives
Frequently Asked Questions
Get quick answers to questions clients frequently ask before working with our firm.
A will allows you to establish how your estate should be distributed after death and appoint someone to administer it. It can also address testamentary trusts and certain family planning considerations. Without a valid will, provincial intestacy rules generally determine who inherits your estate. Preparing a will provides greater clarity for your loved ones and can help reduce uncertainty, administrative complications, and potential disagreements.
A lawyer is not legally required for every valid will. However, legal guidance can help ensure that the document reflects your intentions, satisfies applicable execution requirements, and addresses potential issues involving beneficiaries, family obligations, property ownership, or testamentary trusts. Professional drafting is particularly valuable where the estate involves blended families, business interests, vulnerable beneficiaries, or complex assets.
You should review your will periodically and after significant life events, such as marriage, separation, divorce, the birth or adoption of a child, the death of a beneficiary or executor, or major changes in your financial circumstances. Certain events may have different legal effects on wills in Alberta and British Columbia. A review can help ensure that your document remains appropriate and legally effective.
A will may be used to express your wishes or make certain guardianship appointments concerning minor children, subject to applicable provincial law. However, a testamentary appointment does not necessarily override the rights of another legal guardian or eliminate the court's authority where intervention is required. The legal effect of a guardianship provision depends on the province and family circumstances. A lawyer can help prepare appropriate provisions.
A will may be challenged on recognized legal grounds, including lack of testamentary capacity, undue influence, fraud, or failure to satisfy applicable legal requirements. Certain eligible family members may also have statutory claims for financial provision even where the will is valid. Clear drafting, appropriate execution, and careful documentation of your intentions can help reduce uncertainty, although no estate plan can guarantee that disputes will not arise.
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You don't need to have every answer before speaking with a lawyer. Sometimes, you simply need someone to listen, explain your options, and help you understand what comes next.
At Ivy Law, we're here to help you navigate life's legal challenges with personalized guidance and a clear path forward.