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Probate and Wills in Barrhead
Take Care of Your Barrhead Estate With Probate and Wills From Verhaeghe Law Office
When it comes to drafting a valid will, there’s no substitute for professional help and advice. It’s the only way to ensure that your estate will be distributed to the people who matter most to you. As in all areas of the legal system, the language needs to be extremely specific and follow very precise rules. The lawyers at Verhaeghe Law Office have spent their careers learning about and practicing will, estate and probate law. In Barrhead, there’s no one more capable than us. Don’t let your family and friends deal with your estate at the same time as your death. Contact us today.
Many of our clients don’t have a good idea of what goes into writing, authenticating, and probating a will. Let’s take a look at some of the things we can help you with, right here in Barrhead.
Writing a Will
There are two main types of wills: the formal will and the holograph will.
A formal will is usually written with the help of a lawyer. This is because the writing needs to be very precise. Without total precision, it can be difficult to accurately interpret the meaning of different clauses in the will. Remember, you’re not there to answer any questions people might have. Having a lawyer help write it, is one way to ensure that the court that looks at it can understand exactly what you wanted to say.
Formal wills require two witnesses to be considered valid. The witnesses must sign the will in the presence of the testator (the person whose will it is).
Holograph wills are wills that are written entirely by the hand of the testator. No typing is permitted in a holograph will. It must be signed by the person who wrote it, verifying that it is indeed their will. Holograph wills need to show that the gifts outlined in the will are to be given out after the testator’s death. It must also use very clear language to say who gets what gifts. No witnesses are required for this kind of will.
Holograph wills are legal in Alberta but are less common nowadays than they used to be. This is mostly because they tend to be very difficult for the court to interpret. Bad interpretations can have all sorts of negative repercussions for your family and friends.
Grant of Probate
Once you have a valid will, it’s necessary to probate it. A Grant of Probate is a legal process that confirms that the will meets all the legal requirements set out by the province of Alberta. It ensures that all property, land, and financial assets can be released from the institutions that hold them. For example, the Land Titles Office will not transfer any land from a deceased person without a certified probate. The same goes for investments, bank accounts, and many other assets.
The only way to be sure that the probate has been filed correctly is to hire a professional lawyer to help. Our estate, wills, and probate lawyers are the experts in Barrhead. By hiring Verhaeghe Law Office, you can gain peace of mind in the knowledge that your estate is safe.