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Most people think about getting a will either shortly following marriage or shortly following the birth of their first child. When you are young and single, without significant assets, having a will is not a necessity. However, as you acquire assets and dependents, a will becomes important.

Primarily a will provides for the disposition of your assets upon death. If you die without a will, you are said to die "intestate". Some people believe that if you die without a will, your property goes to the government. This is certainly not true in Canada.

In Alberta, if you die intestate, provincial legislation called the Intestate Succession Act provides for your property distribution at death. Under that legislation your property will be distributed to various relatives according to a defined order of priorities. With a will you choose who obtains your property. Your choice may be different from the provisions of the Intestate Success Act.

Upon your death, someone needs to gather up your property and deal with it. This person is called your "personal representative". If you have a will, you designate your personal representative. If you do not have a will, someone must come forward and apply to the court for the authority to act as your personal representative. No one is obligated to come forward. If more than one person wishes to become involved there may be a contest as to who will obtain authority from the court.

If you die leaving minor children, a guardian for the children will be necessary. Under a will you can designate a guardian or guardians. If no provision is made for guardianship in your will, or otherwise, the government may become involved to ensure that your children are properly cared for.

We recommend to our clients that they have a will prepared if:

they have assets;

they are married; or

they have young children.

We recommend a will to avoid the problems alluded to above, namely, in summary:

to ensure that your assets are distributed in accordance with your wishes;

to ensure that a trusted person of your choosing acts as your personal representative;

to ensure that your children are properly cared for by a person or persons of your choice.

Our firm would be pleased to assist you if you decide to proceed with a will or if you require any further information in this respect.

For more information regarding Wills, contact Tim Platnich.