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.

Who Administers the Estate Where a Person Dies Intestate?

As above, the Estate Administration Act governs situations where a person dies without a Will. Where there is no Will, multiple people may seek a Grant of Administration to entitle them to administer the estate. Priority to become the administrator of the estate falls in the following order: surviving spouse, children, grandchildren, other issue of the deceased, parents, siblings, children of siblings. Where no one wishes to administer the estate, or where the court sees it appropriate, a trust company or other neutral company may be appointed to administer the estate.

What Are The Executor’s Duties?

An executor’s duties are broad. The executor is required to make funeral arrangements, ensure that the deceased’s property and assets are preserved, pay taxes and debts that the estate owes, sell assets that are not specifically required by the Will to be passed on to a beneficiary, and distribute the estate’s assets in accordance with the terms of the Will.

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.