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Archive for Calgary Legal Wills FAQ – Page 2


In such a circumstance, the rules that would apply to a person who died intestate (without a will) would apply. There are likely surviving family members who are still eligible to receive assets under intestate succession legislation, even if these people are distant relatives.

A will distributes your assets to others after you have died. A power of attorney, on the other hand, appoints a representative to manage your assets and finances while you are still alive. The representative appointed under a power of attorney has a fiduciary duty to the person who has appointed him or her. A fiduciary duty means that the representative (the attorney) must act in utmost good faith and exercise his or her powers in the best interests of the person who appointed the representative. The attorney is not entitled to get rich off of the assets of the donor (the person who appointed the attorney). In fact, in most cases, the attorney has to keep detailed records of any money spent on the donor’s behalf, and may later be called upon to justify any expenses incurred. Contact Russ Weninger for legal guidance Calgary.

Can you do a living will in Alberta?

Monday, December 9th, 2013


In Alberta, the legal term used for this is a personal directive. Personal directives are an important part of the “estate planning” process. In a personal directive, you typically appoint one or more representatives, and indicate what your medical wishes might be in the event that you cannot communicate your wishes at a later time.

Family Court Alberta Answers Will FAQ

No. This can be quite difficult. If you know the deceased person used a particular lawyer for some purpose in the past, you should try to contact that lawyer. If you have trouble finding that lawyer, you should contact the Law Society of Alberta to see if that lawyer is still practicing. If this turns out to be a dead end, you should contact banks that the deceased relative had dealings with to see if one of these has a safety deposit box belonging to the deceased. Though it’s not a good idea to store your will at home, many people do this. Places to check are desk drawers and filing cabinets, a safe (if the deceased had one), and even storage containers within a freezer. I have learned that some people use freezers to store important documents, however, I don’t personally recommend this storage technique.

In short, no. You should make sure that your Alberta Law will can be found in the event of your death. Good places to keep your will are with your lawyer or in a safety deposit box. In either event, you should let your executor (and perhaps your beneficiaries) have a copy of your will along. It is of utmost importance that your executor (and possibly beneficiaries) is informed of the location of your will.


In most cases, no. I, as an Executor of a Will,  recommend keeping your original will in a safe place or with an executor of a will. If anything ever happens to your original will, sign another will as soon as possible.