Why Do I Need a Will?

by | Sep 3, 2020 | Articles & Research, Ben W Parsonson, Wills, Estates, Trusts, Health Care Directives and Powers of Attorney

A commonly asked question is why do I need a will? Your will sets out what is to happen to your assets (more commonly known as your estate) when you pass away. If you pass away without a will then your estate falls into what is called intestacy. An intestate estate puts more strain and stress on your loved ones as they will first have to all agree upon and determine who will administer the estate and then do so in the absence of a formal will.

Administering an intestate estate often involves more steps than one with a will and also makes the estate subject to The Intestate Succession Act, 2019 (the “Act”) for determining who stands to benefit from your estate. The Act not only sets out who is to benefit from your estate but also in what proportions, regardless of what you may have otherwise wanted. Having a proper will therefore not only makes it easier to obtain letters probate from the court but also control who is to benefit from your estate and in what way. Failure to have a properly drafted will can also lead to more conflict and expense as loved ones argue over what they believe your testamentary intentions were.

Having a properly drafted and executed will is beneficial for your loved ones to ensure that your intentions are met, and they are looked after. A properly done up will along with appropriate estate planning can also save your estate money, ultimately leaving more for your loved ones. It can also assist them sooner in ensuring your assets from your estate flow to them in a more expeditious manner.

For more information on having your will prepared or estate planning, please contact Ben Parsonson at [email protected] or at 306-933-1353.

Am I entitled to be notified that my family member has made a new Will?

by | Jul 6, 2020 | Area of Expertise, Articles & Research, James D Steele, Wills, Estates, Trusts, Health Care Directives and Powers of Attorney

When a loved one passes away unexpectedly, the shock can be made worse by finding out that the deceased also had made a new will totally contrary to their former will.

Sometimes clients will ask me if it is legal for their loved one to make a new will, cutting out family members, or naming a new executor, all without notifying the prior executor or beneficiaries?

The answer is that yes, a person is entitled to make as many wills as they want, provided they have capacity. Moreover, there is no law requiring a will-maker to notify their prior executor, or their affected beneficiaries.

However, if you are making a new will, it is good advice to notify all of your affected beneficiaries or prior executor. Explaining what your wishes are during your lifetime, can better avoid the chance that they are later surprised by your new will, or suspicious of what motivated it.

James Steele’s preferred practise area is estate litigation, including will challenges, executor disputes, power of attorney issues, etc. Contact James Steele at 1-306-933-1338 or [email protected]. The above is for general information only. Parties should always seek legal advice prior to taking action in specific situations. 

Estate planning in a time of uncertainty

by | Mar 19, 2020 | Articles & Research, Covid-19, Succession Planning, Wills, Estates, Trusts, Health Care Directives and Powers of Attorney

As the world changes in response to the coronavirus (Covid-19) outbreak, you may wonder how you can legally best protect yourself, and loved ones. The present is a good time to make certain that you have certain crucial legal documents in place.

Last Will and Testament

Every adult should have a Will in place at all times. The Will ensures your instructions are honoured after your passing. You will name a party to be your executor, and you will clearly set out the terms you wish for the distribution of your property. It is encouraged that you consult a lawyer in drafting your Will, to ensure the Will is not easily challenged, or subject to misinterpretation.

Power of Attorney

With the advent of Covid-19, many people may need to provide care to elderly parents. If your parents wish you to make such decisions, it is very important that you have the legal authority to do so.

The legal way to confer such decision making power is through a power of attorney, naming someone as the “attorney”. A grantor should only choose someone you trust implicitly – you will be giving them immediate power over your banking, money, and property.

If someone has an illness such as dementia or Alzheimer’s, and is therefore already unable to make their own decisions, they will not be able to validly name an attorney. Instead, a loved one may need to seek a court-appointed guardianship order to be able to make decisions on their behalf.

Health Care Directive

A Health Care Directive allows you to express your wishes regarding medical treatment. This document can become important if you later lose the ability to speak or communicate. The Health Care Directive will name a proxy to make medical decisions for you.

Making sure that you have signed the above legal documents to better protect yourself is a means to exert control in this time of uncertainty. And given the current impetus to stay at home, what better time to deal with estate planning? For any specific questions, readers are encouraged to consult a lawyer.

The above is for general information only. Parties should seek legal advice prior to taking action in specific situations. Robertson Stromberg LLP offers legal advice and representation in all areas of law, including experience in estate planning, and estate litigation.

Andrew Gaucher Presents at “Planning Ahead Seminar”

by | Jun 24, 2019 | News, Wills, Estates, Trusts, Health Care Directives and Powers of Attorney

On Wednesday June 26, Andrew Gaucher will be speaking about the importance of Estate Planning at the “Planning Ahead Seminar” hosted by Hillcrest Memorial Gardens & Funeral Home.  The evening session, beginning at 6:30 will also include other planning aspects such as funeral pre-planning, insurance and real estate.

There is no cost or registration required.

Hillcrest is located at 210 Wess Road, Saskatoon.

Steele and Parsonson Speak on Wills and Estates

by | Mar 6, 2019 | Ben W Parsonson, Estate Litigation, James D Steele, News, Wills, Estates, Trusts, Health Care Directives and Powers of Attorney

On March 5, James Steele and Ben Parsonson volunteered their time to address wills and estates issues with the residents of the Palisades Retirement Residence.

Together they spoke on the importance of having a Will, or Power of Attorney, or health care directive as well as some potential issues which may cause a Will to be challenged.

Area of ExpertiseWills, Estates, Trusts, Health Care Directives and Powers of Attorney