At Verhaeghe Law, our Edmonton wills and estates lawyers have a wide variety of experience in wills, estates, and trusts and are eager to help you with all your legal needs. With a reputation for being a people-centric law firm that treats our clients like family, you can feel confident when you choose to work with our legal professionals.
Whether you are preparing your first will, updating an estate plan after a major life change, assisting with probate, or responding to an estate dispute, our Edmonton estate lawyers can help you understand your options in clear, practical terms. We also work with clients whose estate planning needs overlap with family law, real estate law, business law, and civil litigation.
Schedule a consultation with one of our Edmonton wills and estates lawyers today by calling 587-410-2500 or by contacting us online. Our legal team is proud to serve clients who reside in Edmonton, Fort McMurray, Grande Prairie, Spruce Grove, Stony Plain, St. Albert, Athabasca, Red Deer North and surrounding areas.
Why Do I Need a Wills and Estates Lawyer?
Planning an estate involves more than simply drafting a will– it requires careful consideration of legal, financial, and personal factors to ensure that all your needs are met and protected. An Edmonton wills and estates lawyer can provide critical guidance throughout this process by offering knowledge that goes beyond standard forms or templates.
In Alberta, estate planning may involve the Wills and Succession Act, the Estate Administration Act, the Powers of Attorney Act, the Personal Directives Act, and other rules that may apply depending on your assets, family structure, and decision-making needs. An Edmonton wills lawyer can help you prepare documents that work together rather than leaving gaps for your family to resolve later down the road.
Here’s why working with a wills and estates lawyer can be beneficial:
- You Can Avoid Mistakes or Legal Pitfalls: Estate planning involves complex laws that can vary by jurisdiction. A lawyer will ensure that your will is properly drafted, executed, and updated to reflect any changes in your life. This can help you avoid costly mistakes that render your will invalid or cause disputes.
- Understanding Taxes and Fees: An experienced lawyer can help you implement strategies to alleviate the tax burden on your estate and help you efficiently distribute your assets.
- Customized Planning: Every family situation is unique, and a lawyer can provide tailored solutions. This will be the case whether you have a blended family, dependents with special needs, or significant assets that require specialized planning, such as trusts.
- Handling Disputes and Litigation: If disputes arise over the contents of your will or estate, an experienced lawyer can help mediate or litigate these conflicts.
Working with an experienced wills and estates lawyer in Edmonton provides peace of mind that your estate will be managed according to your wishes, helping to safeguard your legacy and providing clarity for your loved ones.
Our Wills and Estates Services in Edmonton
Verhaeghe Law’s wills and estates lawyers in Edmonton offer a comprehensive range of services to help you plan and manage your estate effectively. If you require assistance navigating the complexities of estate law, our team is here to help.
We can assist with matters that involve:
- Wills
- Powers of attorney
- Personal directives
- Complete instruments of conveyance
- Applying for probate of the will when necessary
- Preparing and obtaining receipts for inheritances delivered
- Arranging for the registration of assets in the name of the executor
- Estate and trust disputes
- Estate litigation
- Settling of estates
- Estate planning solutions
- Estate and trust administration
- Estate court applications
- Minimizing tax and probate fees
- Charitable planning
- Property succession
- Providing for beneficiaries with special needs
- Using life insurance policies in an estate plan
- High-net-worth estate planning
- Living trusts and inter vivos trusts
- Domestic contracts and family law planning
- Private foundations
- Incapacity planning for property and personal care
- Trust variations
- Passing of accounts
- Guardianship matters
- And more
Please note this list is not exhaustive, and we are equipped to handle almost all types of legal needs for wills and estate matters. For legal advice tailored to your unique situation, call our Edmonton wills and estates lawyers today at 587-410-2500 or contact us online.
What is a Will and Why is it Important to Have One?
A will is the legal statement of a person’s last wishes about how to divide his or her property after death. This property is referred to as your estate. Sometimes, will planning can also be called estate planning.
While it is optional and voluntary whether you create a will, it is very important to consider doing so. In the case that you pass without an official will, you are said to have died “intestate.” As a result, Alberta’s Wills and Succession Act will determine how your assets get distributed. It may also determine which of your family members become the legal guardians of your children, if you have any.
In addition, when your will is not officially overseen by a witness and designated an executor, it can easily be contested as false. This might also happen in cases where executors fail to fulfill their duties or renounce their position. It is also often the case when your estate plan is only expressed by word of mouth or through a personal document. As a result, your family could face lengthy legal proceedings, and your belongings may not be divided according to your wishes.
A will can also help your executor understand who should receive personal items, how debts and expenses should be handled, whether any trusts should be created, and who should care for minor children. If you hold online accounts, cryptocurrency, domain names, or other digital property, you may also wish to consider whether digital assets should be included in your will.
At Verhaeghe Law, our Edmonton wills lawyers are dedicated to making the creation or management of your will as straightforward and stress-free as possible.
How to Create a Valid Will in Edmonton
A valid will typically includes several important components. In Edmonton and the rest of Alberta, there are two main types of living wills that you can create:
- A Formal or ‘Attested’ Will: This type of will must be overseen by two witnesses and must be completely typewritten or printed.
- A Holographic Will: This type of will is created and signed by only you, and must be completely handwritten. A holographic will does not require any witnesses.
Anyone over the age of 18 can create a will. It is optimal to undertake this process while you are in good health and of sound mind, as your will may only be valid if you were mentally capable during its creation.
Throughout your life, you may need to change your will. Although it may seem tedious to keep your will up to date at all times, once the bulk of the foundational work is completed, your Edmonton wills and estates lawyer at Verhaeghe Law can make changes for you simply.
Common reasons to update a will may include marriage or separation, the birth or adoption of a child, the death of an executor or beneficiary, a major real estate purchase or sale, a new business interest, or a change in your relationship with a beneficiary. An estate planning lawyer in Edmonton can also review beneficiary designations, jointly owned property, and the interaction between your will, powers of attorney, and personal directives.
Why Work with Our Edmonton Wills and Estates Lawyers?
When planning for the future, making sure your wishes are respected and your loved ones are taken care of is essential. At Verhaeghe Law, our experienced Edmonton wills and estates lawyers are dedicated to guiding you through the complexities of estate planning, wills, and probate law with clarity and compassion. Let us help you secure your future and safeguard your family’s interests.
Our team of legal professionals can assist you in a variety of ways, including:
- Putting the needs and best interests of our clients first
- Helping clients clearly understand all available options so they can make informed decisions
- We are proud Albertans who take pride in helping our clients in Edmonton and other regions with their family law matters
- We respond to client inquiries promptly
- We have 3 Best Rated for Excellence awards
Estate Planning for Families and Business Owners in Edmonton
Estate planning should reflect both your personal wishes and the practical needs of the people who may rely on you. Parents may need to name a guardian for minor children, consider trusts for young beneficiaries, and make sure funds are available for housing, education, and daily care. Our team can help Alberta parents understand why guardianship matters in an estate plan and how to reduce confusion for surviving family members.
Business owners may need additional planning for shares, shareholder agreements, business succession, tax consequences, and the authority needed for someone to manage business affairs if incapacity occurs. Because estate plans can overlap with corporations, partnerships, real estate, and contracts, our Edmonton wills and estates lawyers can coordinate estate planning with our business lawyers and real estate lawyers accordingly.
Powers Of Attorney And Personal Directives In Edmonton
A complete estate plan often includes more than just a will. A will generally speaks after death, while an enduring power of attorney and personal directive may help protect you if you become unable to make certain decisions while you’re still alive. A power of attorney can appoint someone to deal with property and financial matters, while a personal directive may name an agent to make personal and health-related decisions on your behalf.
These documents are governed by a variety of Alberta legislation, including the Powers of Attorney Act and the Personal Directives Act. Our Edmonton estate lawyers can help you decide which documents may be appropriate for your circumstances and help you implement them accordingly.
Probate And Estate Administration In Alberta
Probate is the court process used in some estates to confirm the validity of a will and the authority of the personal representative. Not every estate requires probate, but it may be needed when financial institutions, land titles, or other third parties require court-confirmed authority before releasing or transferring assets. Our probate lawyers in Edmonton can help executors understand whether probate may be required and what information is usually needed.
Estate administration is also an important part of wills and estates law. It may include locating assets, notifying beneficiaries, paying debts, filing tax returns, maintaining records, preparing releases and receipts, and distributing the estate. The Alberta Courts’ wills and estates resources and the Surrogate Rules provide public information about court processes, but many executors still benefit from practical legal guidance.
Estate Disputes And Litigation
Estate disputes can arise when beneficiaries disagree with an executor, when a will is challenged, when someone believes undue influence was involved, or when a spouse, adult interdependent partner, child, or dependant has concerns about the distribution of an estate. These issues can be emotional because they often occur during grief and may involve long-standing family conflict.
Our Edmonton estate litigation lawyers can assist with negotiation, mediation, court applications, and litigation strategy. We can also help beneficiaries and personal representatives understand their rights and obligations when a beneficiary has been excluded, an executor is not communicating, estate accounts are questioned, or a claim may need to be filed.
Frequently Asked Questions About Edmonton Wills and Estate Law
Do I need a lawyer to make a will in Alberta?
You are not legally required to use a lawyer to make a will in Alberta. However, an Edmonton wills lawyer can help confirm that the will is properly prepared, executed, and aligned with your broader estate plan. This may reduce the risk of confusion, invalidity, or disputes later.
When should I update my will?
You should consider reviewing your will after any major life changes occur, such as marriage, separation, divorce, the birth or adoption of a child, the death of a beneficiary or executor, a significant change in assets, a new business interest, or a move to another province. Regular reviews with an experienced lawyer can help ensure your estate plan still reflects your wishes.
What happens if someone dies without a will in Alberta?
If someone dies without a valid will, they are considered to have died intestate. Alberta’s Wills and Succession Act sets out how the estate may be distributed. This may not match what the person would have chosen, which is one reason many people decide to prepare a will in advance.
Does every estate have to go through probate?
No, not always. Whether probate is required depends on the assets, how they are owned, the institutions involved, and whether third parties require a court grant before releasing or transferring property. Our Edmonton wills and estates lawyers can help executors assess the situation and prepare an application where necessary.
What is the difference between a will, a power of attorney, and a personal directive?
A will generally deals with your property after death. A power of attorney may authorize someone to handle property and financial matters while you are alive. A personal directive may authorize someone to make personal or health-related decisions if you lose capacity. These documents often work together as part of a complete estate plan.
Can Verhaeghe Law help with estate disputes?
Yes. Our Edmonton wills and estates lawyers can assist with estate disputes involving executors, beneficiaries, will challenges, capacity issues, undue influence concerns, accounting disputes, and related court applications. We can discuss available options after reviewing the specific facts of your case.
Contact Our Wills and Estates Lawyers in Edmonton Today
If you or a loved one needs legal guidance, contact our Edmonton wills and estates lawyers today to schedule a consultation with our legal team. We have offices in Athabasca, Whitecourt, and Edmonton. Call 587-410-2500 or contact us through our website to get in touch and get your case started. Our offices are open from 8:30 AM to 4:30 PM, and our team is standing by to speak with you.