Estate Planning Services
Wills
Customized Wills that reflect your wishes and make the administration of your estate simpler for your loved ones.
Powers of Attorney
Appoint someone you trust to handle your property and financial matters when you are alive but lack capacity.
Personal Directives
Customized Personal Directive documents for planning around health, future care needs and end of life wishes when you lack capacity.
How It Works
Why Choose Bortnick Law Office?
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Compassionate Guidance - We explain options in plain language and focus on your family's needs.
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Remote Execution Support - Practical guidance for signing, witnessing and execution remotely when allowed.
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Transparent Pricing - Flat fees for many services with no surprises.
Did you know that the most important estate planning document is not necessarily a Will.
If you die without a Will, Part 3 of the Wills and Succession Act (Alberta) governs how your estate will be distributed and provides a priority for persons entitled to apply to act as your Personal Representative (akin to an Executor) to deal with your estate. In many cases, the legislation provides for your estate to be distributed in a manner that is typically desired by many clients - first to your spouse, then to your children and then down the line of descendants.
If, however, something should happen to you while you are still alive but lack the mental capacity by reason of injury or illness to express your wishes or deal with financial matters on your own, your spouse and children do not have a default in law to make those decisions for you. Under an Enduring Power of Attorney, you can give your spouse, adult children and/or friends the legal authority to deal with your financial matters in the event you yourself cannot. Similarly, through preparing a Personal Directive, you can give your spouse, adult children or your friends the legal authority to make personal decisions, including healthcare and end of life decisions, for you in situations where you are unable to make decisions or express your wishes.
In the absence of an Enduring Power of Attorney and/or Personal Directive the only way that a loved one or friend can obtain the legal authority to make decisions for you is to apply to become your legally appointed Trustee and/or Guardian through the court process pursuant to the Adult Guardianship and Trusteeship Act (Alberta). These applications are lengthy, time consuming and very expensive. Very few lawyers will provide assistance for these applications, and those who do will require a very large retainer, typically in the $5,000.00-$10,000.00 range at the outset.
What is a Will?
A Will is a legal expression of the disposition of your estate upon your death. It can also include guidelines for the disposition of your remains and funeral arrangements.
Why should I have a Will?
The most important reasons why you should have a Will are:
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If you have children under the age of 18 years - a Will allows you to appoint a Guardian for those minor children.
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If you believe your children are not responsible enough to inherit your estate at age 18 - a Will allows you to establish a trust for your children to receive the entire share or portions of their share of your estate at an age or ages older than 18 years.
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If you are in a common law relationship and you want to provide for your common law partner - your common law partner may not yet fit the definition of "spouse" under Alberta legislation so as to entitle him/her to a portion of your estate after your death. The law states that you and your common law partner must: 1. have lived together continuously for a period of not less than 3 years; 2. have a child of the relationship; or 3. have entered into an adult interdependent partner agreement.
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If you are single with no dependents - if you would like to gift to someone other than distant blood relatives, you should prepare a Will.
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If you own real estate or have assets in your name only - Financial Institutions and Land Titles require a Grant of Probate or a Grant of Administration be obtained for property that you own in your name only. in the absence of a Will, interested parties, assuming there are any, will be required to step up to the plate and apply for a Grant of Administration for the authority to deal with your estate. This may result in lengthy litigation amongst family members which in turn eats up estate assets. More importantly, the court might end up appointing someone to deal with your estate that you would have been opposed to.
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If you are part of a blended family - step children are excluded from the definition of children under our legislation and so they will not inherit from your estate. Similarly, if you have begun to co-mingle assets with your new spouse, but have children from a previous relationship that you would like to ensure receive something upon your death or upon the death of both you and your spouse, then you want to consider preparing a Will or Mutual Wills.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney takes effect while you are still alive but lack capacity to deal with your financial matters.
Under an Enduring Power of Attorney, you appoint an agent, formally referred to as an "Attorney", to deal with your day to day finances on your behalf.
In the absence of an Enduring Power of Attorney and in the case of your inability to deal with your financial matters, the only other way that a loved one or friend can obtain the legal authority to deal with your finances is to apply to become your legally appointed Trustee through the court process under the Adult Guardianship and Trusteeship Act (Alberta).
What is a Personal Directive?
Like an Enduring Power of Attorney, a Personal Directive takes effect while you are still alive but lack capacity to make personal decisions for yourself.
Under a Personal Directive, you appoint an "Agent" to make personal decisions for you, including decisions with respect to healthcare, accommodation, employment, socialization and carry out your end of life wishes, if you have any.
In the absence of a Personal Directive and in the case of your inability to deal with your financial matters, the only other way that a loved one or friend can obtain the legal authority to make personal decisions for you is to apply to become your legally appointed Guardian through the court process under the Adult Guardianship and Trusteeship Act (Alberta).
CONTACT
BORTNICK LAW
We do not provide in-person meetings
Tel: (780) 559-2643
Fax: (780) 670-0102
Phone calls and emails will only be returned to other legal professionals or clients that have created a profile on our website. We do not offer free consultations and will not respond to general inquiries until a profile has been completed and a form of payment has been provided. Please note our law firm no longer offers real estate services and does not provide litigation, criminal nor family law services.
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This website provides general legal information and does not create a lawyer-client relationship until a retainer agreement with Bortnick Law Office is signed.
Couriers & Deliveries only to 25420 114 Ave, Acheson, Alberta, T7X 6M4