Frequently asked questions.

We are not a traditional law firm. Estate planning is what we do. (Click here to go to our About Us page.) We focus all our time and energy into keeping up with advances in this complex area of law, improving our estate planning-specific systems and processes, and providing estate planning advice.

Most people would benefit from having a Will prepared by an estate planning lawyer, but we also understand that many people either do not need or do not want complex tax planning. We offer a service that falls between the less expensive, more basic options and the higher-priced (and more extensive) tax or trust planning options. (Click here to download our free guide to the options for preparing a Will.) We draft customized documents after in-depth discussions with our clients. We do not just take your wishes and transcribe them - software could be used for that. We have in-depth discussions about your assets, your personal circumstances, and the options that are available to you. We will likely ask you to consider things that you have not previously thought of. You will certainly not be meeting your lawyer for the first time when you come to sign your documents (although we may have only met via Zoom). We want you to make decisions about what you would like to do after having discussions with a lawyer about what is possible.

Our “some frills” package is really what sets us apart. It allows our clients to have entirely customized clauses in their estate planning documents for a reasonable, flat rate, quoted in advance. But no matter which Modern Wills package you choose, you will receive personalized documents drafted by a lawyer. When more complex planning is advisable or desired, we are happy to discuss the relevant considerations and options. We may be able to offer an add-on to one of our standard packages or we may suggest that you seek tax advice.

We are different from some other law firms in that we embrace advances in technology - that is what allows us to offer personalized advice and one-on-one meetings with our clients while providing documents at reasonable flat rates. Find out more about our process here.

We genuinely love estate planning and feel privileged to have the opportunity to work with our clients to put an effective plan in place. Estate planning is a process that many people dread, but everyone deserves to have peace of mind about the future. With our modern approach, we do our best to make estate planning as simple and painless as it can possibly be, both for you now and for your loved ones in the future.

Please feel free to reach out at any time at info@modernwills.com if you have any questions about whether we might be a good fit for you, or about the estate planning process in general.

Working with a lawyer is not required to create legally binding estate planning documents. There are other options available, including Will kits and online Will preparation tools. We agree with the creators of such products that too few people have Wills and affordable options are needed. But such products are only appropriate in extremely straightforward situations, and even then, a determination of what is “straightforward” is really best made by a lawyer. A lawyer will review your assets, identify potential issues, discuss available options, and provide tailored advice. Will kits and online tools that automatically generate documents may not ask for an inventory of your assets, might not identify all possible issues, and certainly cannot discuss the options available to you, nor provide legal advice.

Also - if you do not receive legal advice in preparing your Will, there will be no real recourse for your loved ones if an error creates complications with the administration of your estate after your death. Lawyers should hopefully not make major errors, but they also have professional liability insurance to protect their clients if a mistake occurs. Additionally, if a lawyer prepares your Will, they are required to take steps to ensure you have capacity to make a Will and that you are not doing so under duress or undue influence from another person. If your Will is later challenged, your lawyer will be able to confirm that appropriate precautions were taken (and that the Will accurately reflects your wishes). Working with a lawyer to prepare your estate planning documents can save time, money, and stress for your loved ones after your death. Most people who need a Will have at least one circumstance that slightly complicates their estate planning such that they would benefit from working with a lawyer. If you have any other questions or concerns in this regard, please do not hesitate to reach out to us any time at info@modernwills.com.

For more info, see our blog post: Why should I work with a lawyer to prepare my Will?

What can I expect with respect to the process?

An overview of our process can be found here.

Cost will depend on your personal circumstances and wishes. An overview of our pricing can be found here. In general, complexity and customization will make a Will more expensive. It is very important to us to be upfront about pricing. We provide a personalized quote to clients following a free initial consultation (as it is possible that your circumstances may fall in between one of our three standard packages).

For an individual, a package (all three documents) can range from $1,000 - $2,000+ plus GST and disbursements. For a couple, a package (all six documents) can range from $1,500 to $2,500+ plus GST and disbursements. Our prices are very competitive in this space. However, we are certainly not the cheapest option for a Will out there and we are not looking to compete on price. That said… we believe we may be the cheapest option out there when considering lawyer time per file. We guarantee that you will know us personally by the time that you sign your documents (even if we have only met via Zoom). A signing meeting will absolutely not be your first time speaking directly with your lawyer. Technology allows us to be efficient with our time so that we can offer competitive pricing, while spending 3 - 8 hours (depending on your circumstances and the complexity) with each client during the process.

We believe this time spent with a lawyer better allows us to identify possible issues that you may not be aware of, ensure we are providing sufficient advice, and create a final product that is much less likely to create issues during the probate process. Our packages offer exceptional client service at a great value.

What is the best way to contact Modern Wills?

If you would like to discuss retaining Modern Wills Law to prepare estate planning documents, please book a free consultation by clicking here.

Otherwise, the best way to contact us is via email at info@modernwills.com. We are very responsive to email and, unless you receive an automatic reply indicating otherwise, we will get back to you before the end of the following business day. We are also available by phone at the number below. All in-person meetings are by appointment only.

I would like to book a consultation but there are no times available that work with my schedule - how can I contact you to discuss?

Please send us an email at info@modernwills.com. We will do our best to accommodate your schedule. Thank you for your interest in Modern Wills!

A Will is a written document that outlines your wishes for how your property is to be distributed on your death. A Will speaks for you when you are no longer able to speak for yourself. In addition to designating how your estate is to be distributed (and, often more importantly, how your estate is not to be distributed), a Will allows you to:

• designate who will manage your estate;

• state who you would like to take care of your minor children;

• set the age that your children should receive their share of your estate (so they do not receive everything at age 18);

• minimize taxes;

• name a caretaker for your pets;

• make gifts and donations to charity; and

• save your loved ones time, money, and stress.

A well-written Will should also decrease the potential for disputes amongst your loved ones. If any one of the above is important to you, you need a Will. Ultimately, anyone who owns property and/or has minor children would benefit from having a Will.

What happens if I die without a Will?

Dying without a will is referred to as dying intestate. The rules of intestate succession, which vary by jurisdiction, govern how your estate would be managed and distributed. The rules are intended to provide for your closest family members but, of course, do not account for the nuanced circumstances of any given person. If you have questions about intestate succession in specific circumstances, please feel free to reach out to us at info@modernwills.com.

It is also important to note that a parent or guardian does not automatically have the power to manage property for minor children. If a minor became entitled to more than $25,000, with no named trustee, the public trustee would receive and manage the money until the child turns 18. A parent, guardian, or other responsible person would have to apply to the court and ask to be appointed as the trustee of the minor’s property. It is often simpler and more cost-effective in the long term to have a lawyer draft a personalized Will.

What is a Personal Representative? Who should I appoint?

A Personal Representative is the person who you trust to carry out your wishes in accordance with the terms of your Will. The official term in Alberta is “Personal Representative” but it used to be “Executor” and that term is often used interchangeably. In deciding who to appoint, you may wish to consider a person’s knowledge and expertise, impartiality, availability, age, and place of residence, amongst other things. The person you appoint will have significant responsibilities and a fair amount of discretion on decisions related to the administration of your estate so it is important to choose someone who you trust to use sound judgment. Additionally, your first choice may be unable to act when it comes time, so you should also consider who you would like to appoint as a first and second alternate. If your spouse is to be the sole beneficiary of your estate, it may make sense to name him or her first with alternates. We are happy to discuss the relevant considerations and provide advice in this regard to our clients.

Often clients say that they are looking for a “basic” or “simple” Will. However, most people have at least one asset or circumstance where they would benefit from a customized clause. The slight additional cost of customization now can often save time, money, and stress for your loved ones in the future. Additionally, whether you would be a good fit for a “no frills” Will is not necessarily related to the extent of your assets.

A “no frills” Will means, if you have a partner or spouse, all of your assets would first go to them, and then, on the death of the second partner or spouse, everything would be divided equally amongst your children. If you have children but no partner or spouse, everything would go to your children in equal shares. For persons with no partner, spouse, or children, a “no frills” Will means the entire estate is left to one person (or charity) or to multiple persons (or charities) in equal shares.

A “no frills” Will is likely not appropriate for anyone who:

• has children from a previous relationship;

• has family law or corporate agreements to be reviewed and referenced in the Will;

• would like to exclude a child from the distribution of their estate;

• would like to divide their estate in unequal shares (we note that “equal” does not always mean “fair”);

• wants to provide gifts to their grandchildren directly;

• has a child or other dependant with a disability;

• has an interest in a private corporation (or other business interests, such as a sole proprietorship or partnership);

• has a family trust;

• owns property outside of Alberta;

• has specific, complex wishes for any one section of their Will; or

• wants to provide more than two gifts (whether of specific property or cash amounts) to particular persons, prior to the rest of their estate being distributed.

Once you complete our intake questionnaire, we will be able to confirm whether a “no frills” Will is a good fit for you. We are happy to provide a personalized quote on a no-charge initial phone call. More information about our process and how to get started can be found here.

Why should I use Modern Wills Law for a “no frills” Will?

While we call our simplest option “no frills”, every Modern Wills Will is drafted by a lawyer and personalized to a client’s specific circumstances and wishes. We consider our “no frills” option to be a step above what most would consider to be a “basic” Will and we believe it offers great value to our clients. We started Modern Wills based on the belief that most people would benefit from having a Will prepared by an estate planning lawyer, yet many people cannot justify the expense (and often unpredictability) involved with billing by the hour, especially if they do not want or need complex tax planning. This is why we offer customized Wills at very competitive prices.

Also, to be fully honest, we do estate planning for a living and we miss things sometimes; we learn new things every day. Even if you think that your circumstances are extremely straightforward, it is very likely that in working with a lawyer, something will come up that you would like to address in your Will, which you would not have thought of on your own. In fact, we may have only had one client ever where that was not the case. Please also see “Why Modern Wills?” and “Why do I need a lawyer at all?” below.

I’ve been told I should avoid transferring assets via a Will because, I should avoid probate at all costs. Is this true? Can you help me do so?

This is a quite common belief that stems from how probate works in other jurisdictions. In Alberta, probate fees are capped at just over five hundred dollars. Trying to avoid probate (for example, by transferring property into joint names with a child) could potentially take up more time and money, and cause more stress, in the long term. If you are considering transferring property, be sure to contact a lawyer. We note that there are certain circumstances where it may make sense to structure your estate in a way that eliminates the need for probate. This is something that should be discussed with a lawyer. Our focus is personalized estate planning packages at reasonable flat rates (i.e. drafting a Will that would be probated) but we are happy to discuss your circumstances, the relevant considerations, and the options available. We may be able to offer an add-on to one of our standard packages. An estate plan that requires supplementary documentation would likely be considered extra “frills” and accordingly, may need to be billed on an hourly basis. More information here. Please do not hesitate to reach out for a personalized quote.

An EPA is a powerful document that allows you to appoint another person or persons to act on your behalf in making your financial decisions. An EPA can come into effect either immediately upon signing or upon a loss of capacity. The second type, often referred to as a “springing power of attorney”, is the type that we include in our estate planning packages. Loss of capacity is most often determined based on the opinion of two medical practitioners (doctors or psychologists). So long as you have capacity, you can revoke an EPA at any time. We note that a reference to a “Power of Attorney” does not always mean an “Enduring Power of Attorney”; if you have any questions in this regard, please consult a lawyer.

If you do not have an EPA, your partner or spouse, or another member of your family would have to make an application to the court for trusteeship. A lawyer may need to be retained to assist. In addition to potential unnecessary time, money, and stress for your loved ones, you risk having someone appointed who you would have not selected yourself.

What is an Attorney? Who should I appoint?

The person you appoint to make financial decisions on your behalf under an EPA is referred to as your Attorney. It is important to choose someone who you trust to manage your finances appropriately. You get to define what is appropriate. It is generally recommended that you discuss the appointment with such person and confirm that they would be willing to take on the responsibility. As with a Personal Representative, it is important to name alternates in case your first choice is unable or unwilling to act at the relevant time. We are more than happy to go over the numerous considerations and options available in detail with our clients in the course of preparing an estate planning package.

A PD is a document that allows you to appoint another person or persons to act on your behalf in making decisions about personal matters, in the event that you become mentally incapacitated. Personal matters include:

• health care;

• accommodation;

• with whom you live and associate;

• participation in social, education, and employment activities; and

• legal matters that do not relate to your estate (for example, a personal injury claim).

Similar documents in other jurisdictions are referred to as “Living Wills”, “Representation Agreements”, “Advanced Care Directives”, and “Powers of Attorney for Personal Care”.

If you lose capacity and do not have a personal directive in place, your partner, spouse, family member, or friend may have to apply to the court for an order of guardianship. As stated above, in addition to potential unnecessary time, money, and stress for your loved ones, you risk having someone appointed who you would have not selected yourself. Additionally, providing clear directions in writing can be helpful for your loved ones during an already difficult time.

What is an Agent? Who should I appoint?

The person you appoint to make personal decisions on your behalf under your PD is referred to as your Agent. It is important to choose somebody who you trust and who has an understanding your wishes, beliefs, and values. Your Agent does not have to be the same person as your Attorney. It is generally recommended that you discuss the appointment with such person and confirm that they would be willing to take on the responsibility. As with a Personal Representative and Attorney, it is important to name alternates in case your first choice is unable or unwilling to act at the relevant time.

In brief, probate is a legal process where a deceased person's estate is settled and distributed under the guidance of the court. The probate process ensures that a Will satisfies all legal criteria, outstanding debts and liabilities are settled, taxes are paid, and assets reach the intended beneficiaries.

Be sure to check out our blog for more information, especially if you are worried about the concept of probate: What is probate and why do we need it?

What is a "Personal Representative” in this context?

As set out above, a Personal Representative is the person appointed to carry out wishes in accordance with the terms of a Will. The official term in Alberta is “Personal Representative” but really, “Executor” is still a valid term. “Executor” refers to someone appointed under a Will. “Administrator” refers to someone appointed by the Court if there was no Will or the Will was invalid. The term “Personal Representative” includes both an “Executor” and an “Administrator”.

Can Modern Wills assist with the probate or administration of my loved one’s estate?

It would be our pleasure to be of assistance. Please click here to schedule an initial consultation with us. Once a consultation is scheduled, you will be sent our informational executor’s guide. We hope the information within that guide can be of immediate assistance. We understand that in the context of probate and estate administration, we often need to connect to discuss as soon as possible. If there are no appointments available in the near future that work with your schedule, please send us an email at info@modernwills.com and we will do our best to fit you in as soon as possible. Thank you.