Frequently asked questions.
Your questions answered.
Here are answers to some commonly asked questions about wills, probate, and more. Our goal is to provide clarity and help you make informed decisions. If you have further questions, please contact us at info@modernwills.com.
The answers to frequently asked questions may contain legal information of general applicability. They are not intended as legal advice to any one person. The information is intended to help prospective clients assess the suitability of Modern Wills Law for their particular needs. It does not account for your personal circumstances. Do not rely on the information below; if the information or issues discussed below impact you, seek legal advice. Please see our Terms & Conditions for more information.
General
Questions.
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The best way to schedule is by clicking on the "Book a consultation" button or click here. Alternatively, please feel free to call us during our business hours to schedule.
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Personalized Estate Planning: We’re all about clarity, especially when it comes to pricing. Please visit our Estate Planning page for current pricing information, including package fees and typical fee ranges for individuals and couples. If you have questions about pricing or would like help deciding how to get started, please contact us.
Efficient Estate Administration: Flat-rate services for Grant of Probate or Grant of Administration applications typically range from $4,500 to $8,000, with optional additional services billed hourly upon request. We'll provide a personalized quote based on the complexity of the estate during our initial meeting.
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Personalized Advice: Lawyers offer tailored advice specific to your circumstances and goals. Other services can only provide legal information.
Reduced Risk of Errors: Legal documents prepared by a lawyer are less likely to contain errors that could lead to complications.
Legal Protection: Lawyers carry professional liability insurance, providing an additional layer of protection for you, your loved ones, and the value of an estate.
Efficiency: Whether you are looking to prepare your own estate planning documents, or looking for assistance with a loved one's estate, working with a lawyer can make the process much more efficient, while ensuring everything is covered.
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Exclusive Focus: Dedicated exclusively to estate-related legal services, staying up-to-date with the latest advancements and best practices.
Personalized Service: One-on-one support to tailor your estate plan or estate administration application to your specific needs and goals.
Streamlined Process: Efficient and user-friendly processes incorporating technology, such as secure client portals and online appointment scheduling.
Passionate and Committed: Genuine love for estates, helping clients achieve peace of mind about their future, and helping clients navigate the complexities of probate.
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Our process is designed with your convenience in mind. It starts with a free initial consultation to understand your needs, followed by personalized advice and document drafting. You'll have direct access to your lawyer throughout the process.
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Unfortunately, as a small team that focuses on the preparation of custom documents, we are typically not able to assist with rush Wills.
We take great care to ensure documents are tailored to an individual's unique needs, which requires several steps, including at least 3 meetings. Our process usually takes 5 weeks to 5 months, depending a client's schedule.
If you're facing a time-sensitive situation, you may wish to reach out to a law firm that offers services for urgent, basic Wills.
Estate Admin
& Probate.
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Estate admin encompasses all activities involved in managing and settling a deceased person's estate.
It includes applying to the court if needed, collecting assets, paying debts and taxes, and distributing remaining assets to beneficiaries as set out in the Will, or under the law if there is no Will.
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Probate is the legal process through which a deceased person's Will is validated by a court.
The Executor (Personal Representative) is granted the authority to distribute the estate according to the Will's instructions.
Ensures that the Will meets legal standards and that the estate is properly administered.
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A legal document issued by a court that confirms the validity of a Will and the authority of the named Executor (Personal Representative) to administer the estate.
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A legal document issued by a court when there is no valid Will.
Allows the appointed Administrator (Personal Representative) to manage and distribute the estate according to the laws of intestacy (i.e. the laws that dictate estate distributions in cases where there is no Will).
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An Executor is a person named in a Will who is given the responsibility to manage the deceased's estate. They execute the terms of the Will.
An Administrator is appointed by the court to manage and distribute an estate when there is no Will (intestacy). They handle similar duties as an Executor but follow the laws of intestacy instead of specific directions from a Will.
Personal Representative is a broader term that can refer to an Executor named in a Will or an Administrator appointed by a court in cases where there is no Will.
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So long as your loved one resided in Alberta, we should be able to help.
It would be our honour to help you through the process of applying to the Court for a Grant of Probate/Administration. We also provide all of our clients detailed information about their broader responsibilities; we often assist with other aspects of the broader estate administration process when specifically requested.
Let's connect at your convenience to confirm whether we can be of assistance in the circumstances.
Please click here to schedule an initial consultation. If you need immediate assistance and cannot find a suitable appointment time, please email us at info@modernwills.com or give us a call, and we will do our best to accommodate you.
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You likely need an estate litigator. We are not able to assist with contentious estates. Please feel free to reach out and we can provide you the names of a few other lawyers who should be able to be of assistance.
Wills & Estate Planning.
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Ensures your assets are distributed according to your wishes (in a way that makes most sense in accordance with current laws and your circumstances).
Appoints trusted individuals to make decisions on your behalf if you're unable to do so.
Prevents complications and provides clarity and peace of mind for your loved ones.
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Generally, the process from initial consultation to the signing of documents will take two months or more. We are usually not able to offer “rush” Wills due to our focus on details, customization, and one-one-one discussion with clients. We try our best to work with our client’s schedules! So please be sure to mention if you have a specific concern.
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Absolutely! Wills are living documents that should be revised throughout your life. We recommend reviewing your documents every year yourself and reaching out with any questions you may have. Every 5 - 7 years, or after significant life events (marriage, divorce, birth of a child, acquisition of significant assets), we recommend reviewing with a lawyer.
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A Will outlines your wishes for property distribution upon your death. It allows you to designate who will manage your estate and take care of minor children. Wills can also ensure that you do not pay unnecessary taxes, name a caretaker for pets, allow you to make charitable donations.
Most importantly, Wills save your loved ones time, money, and stress.
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Your estate will be distributed according to the laws of intestate succession, which may not align with your wishes.
The process can be more complicated and stressful for your loved ones.
A public trustee might manage your minor children's inheritance, which can be avoided with proper estate planning.
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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 real estate lawyer, business lawyer, tax lawyer, and/or tax accountant.
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 and a tax accountant. Our focus is personalized estate planning packages 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.
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A Personal Representative (or Executor) carries out your wishes as stated in your Will.
You should consider knowledge, impartiality, availability, age, and place of residence when choosing - we can discuss in more detail in an initial consultation.
It's important to name alternates in case your first choice is unable to act.
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A Will, an Enduring Power of Attorney (incapacity planning for financial decisions), and a Personal Directive (incapacity planning for personal decisions). But more importantly, time one-on-one with a lawyer to discuss the options available, your personal circumstances, and advice tailored to you.
Incapacity Planning.
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To appoint trusted individuals to make decisions on your behalf if you're unable to do so.
Prevents complications and provides clarity and peace of mind for your loved ones.
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Absolutely! These are living documents that should be revised throughout your life. We recommend reviewing your documents every year yourself and reaching out with any questions you may have. Every 5 - 7 years, or after significant life events (marriage, divorce, birth of a child, acquisition of significant assets), we recommend reviewing with a lawyer.
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An EPA allows you to appoint someone to make financial decisions on your behalf if you lose capacity.
Without an EPA, your family might have to go through a court process to manage your finances, which can be time-consuming, stressful, and significantly more expensive than preparing an EPA.
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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. Naming alternates is also recommended.
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A PD appoints someone to make personal decisions on your behalf if you become incapacitated.
This includes decisions about healthcare, accommodation, and other personal matters.
Without a PD, your loved ones might have to go through a court process for guardianship (which can be much more expensive and tedious … and may need to be done on a rush basis if proper planning is not in place).
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An Agent under a PD is someone you trust to make personal decisions for you.
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.
Naming alternates is also important.
Any other questions?
Please feel free to reach out to us at info@modernwills.com any time.
Ready to Take the Next Step?
Whether you're looking to secure your legacy or navigate the administration of a loved one's estate, we're here to provide clarity, confidence, and peace of mind. Begin your journey with us by booking a consultation today.