Wills & Estates
A proper estate plan helps protect your wishes and reduce stress for the people you leave behind. Devgun Family Law assists Edmonton clients with wills, personal directives, enduring powers of attorney, probate, and estate administration.
Why a Will Matters
A will allows you to decide who will receive your property, who will administer your estate, and who should act as guardian for minor children if needed. Without a valid will, Alberta law determines how your estate is distributed.
A will should be reviewed after major life changes, including marriage, separation, divorce, children, death of a beneficiary, purchase or sale of property, or major changes in finances.
Personal Directives and Enduring Powers of Attorney
A complete plan should also consider what happens if you lose capacity during your lifetime. A personal directive allows you to appoint someone to make personal decisions, such as health care or living arrangements, if you cannot make those decisions yourself. An enduring power of attorney allows someone you trust to make financial and legal decisions on your behalf.
Adult Guardianship and Trusteeship
A personal directive and an enduring power of attorney must be made while a person still has capacity. When an adult can no longer make their own decisions and neither document exists, the authority to make those decisions may have to come from the court instead.
Adult guardianship covers personal decisions, such as health care or living arrangements, and is not the same as naming a guardian for a minor child in a will. Trusteeship covers financial decisions about money and property. They are separate orders, and the court will not grant either one if a less restrictive option would meet the adult’s needs. See adult guardianship and trusteeship for the lighter options a court expects to be ruled out first, what an application must include, and what a guardian or trustee is responsible for afterwards.
Estate Administration and Probate
After a death, the personal representative may need help locating assets, paying debts, applying for probate, communicating with beneficiaries, and distributing estate property. Legal advice can help reduce mistakes and conflict during administration.
