Wills & Estates FAQs

It is never too early to begin considering what would happen to your property when you pass on, and to consider what provisions you will make for your loved ones. It’s also a good practice to review your Will periodically to ensure it is still up to date.

Every estate plan starts with asking questions to create a well-written Will that reflects your unique situation. Below are answers to some frequently asked questions our Wills and estates lawyers hear often at Schnell Hardy Jones LLP.

What Must a Will Contain To Be Considered Valid?

A Will must be in writing, and it must be signed by the testator. The testator must have been of sound mind or, in other words, competent to make the Will, at the time it is signed off on. If it is found that the testator did not have the capacity to sign off the Will due to mental illness or for any other reason, the Will may be found to be unenforceable. Additionally, the signing of the Will must be witnessed by two adults, both of whom must also sign the Will in the presence of the testator in order to declare that they have witnessed the testator’s signature. Alternatively, a will may be made by handwriting that is wholly in the testator’s own handwriting and signed by the testator without any witnesses.

What Is An Executor?

An executor is the person who the testator selects to administer his or her estate. An executor must have reached nineteen years of age. The identity of the executor is to be recorded in the Will. An executor is often a family member, close friend, and/or one of the beneficiaries of the Will itself. However, where an estate is particularly complex, some testators opt to use professional trust company in order to administer the estate. This can also be a wise option where there is tension among the beneficiaries, or where there is a risk that a family member of beneficiary will fail to act impartially and fairly when dealing with the estate.

Contact Schnell Hard Jones LLP for a Wills & Estates Lawyer

Serving Red Deer, Sylvan Lake and Stettler, our Wills & Estates lawyers can help you take steps to protect your estate. We can help you create a Will that is valid, enforceable, and reflects your wishes. Call us to set up your initial consultation at 1-888-342-7405.