WILLS & ESTATES

Take care of your loved ones tomorrow by planning for the future today.

Working with experienced Wills and Estates lawyers ensures your assets will be distributed properly when the time comes. WBA Law provides thoughtful and practical advice regarding the arrangement of personal affairs with a focus on mitigating tax disposition issues in the future. In Alberta, if you do not have a will, your estate will be distributed according to the intestacy provisions of the Wills and Succession Act.

Failing to plan ahead may also lead to disputes when distributing property to a spouse or partner, arranging care for minor children or other beneficiaries, and determining guardianships. By planning ahead, you will protect your loved ones from many of these issues that could overshadow your legacy.

Adult Guardianship and Trusteeship becomes necessary when a person over 18 is not capable or is no longer capable of making personal and financial decisions for themselves. Where someone loses capacity due to disease, injury or other reasons, and are without a Power of Attorney and Personal Directive (documents used to appoint a substitute decision maker and created by the person prior to the loss of capacity).

Statistics suggest that only 50% of Canadian adults have created documents related to the possible loss of capacity. Consequently, there are laws in place that allow family or friends of a loved one to apply to be a substitute decision maker (Trustee or Guardian). The Alberta legislation is the Adult Guardianship and Trusteeship Act.

The Court of King’s Bench, upon application by family or a loved one, can appoint a Guardian and/or Trustee. The application involves the completion of a series of documents that vary depending on what is being applied for. A court appearance is not necessary unless circumstances require it. Applications are processed by the Office of the Public Guardian and Trustee.

The application begins with a capacity assessment of the adult needing a guardian or trustee. The court is required to consider the capacity of the adult which would be provided for in a capacity assessment report. If you are considering making an application, give us a call to discuss options and available assistance.