Understanding Bitcoin Wallets: A Simple Guide

~ Alberta Estate and Family Law Blog ~ Leave a comment

Bitcoin can seem confusing at first, especially when you hear about wallets that “store” Bitcoin. Unlike a physical wallet holding cash, a Bitcoin wallet doesn’t actually hold the digital currency itself. Instead, it’s a tool that helps you access and manage your Bitcoin on the blockchain. Let’s clarify what a Bitcoin wallet is. We will explain how it works and explore the different types you might use. We will do this without diving too deep into technical jargon.

What is a Bitcoin Wallet?

Think of your Bitcoin wallet as a special kind of digital keychain. This keychain holds two important keys:

  • Public Key (or Address): Like your email address, you can share this with others. This allows them to send Bitcoin to you.
  • Private Key: Like your password, this must be kept secret because it unlocks your ability to send Bitcoin to others.

Your Bitcoin actually lives on the blockchain — a decentralized public ledger — not inside the wallet. The wallet’s job is to safely store the private keys that allow you to unlock and use your Bitcoin.

How Does a Bitcoin Wallet Work? (Simple Example)

Imagine you have a mailbox (your Bitcoin address) at a big post office (the blockchain). Anyone with your mailbox address can send you letters (Bitcoin). Only you have the key (private key) to open it and use the letters inside.

When you want to send Bitcoin to someone, you tell your wallet to “sign” the transaction with your private key. This is like writing a letter authorizing the post office to send Bitcoin from your mailbox to theirs. The blockchain verifies your signature and records the transfer so everyone agrees the transaction is valid.

Types of Bitcoin Wallets

Bitcoin wallets come in various forms, each with pros and cons. Here are the main types:

1. Software Wallets (Hot Wallets)

These are apps or computer programs connected to the internet. They are easy to use and great for daily transactions but can be vulnerable to hacking if not secured properly.

  • Examples: Mobile apps, desktop software, browser extensions
  • Good for: Frequent Bitcoin users who need quick access

2. Hardware Wallets (Cold Wallets)

These are physical devices, similar to USB drives, that store your private keys offline. Because they are not connected to the internet, they offer stronger security but are less convenient for daily use.

  • Examples: Ledger, Trezor
  • Good for: Long-term holders and large Bitcoin amounts

3. Paper Wallets

This is simply your public and private keys printed on paper. You keep the paper safe offline. This method avoids digital risks but can be lost or damaged easily.

4. Web Wallets

Online services that store your keys for you. Convenient but users must trust the service’s security.

Security Tips

  • Never share your private key or seed phrase. Anyone with it can access your Bitcoin.
  • Use strong passwords and enable two-factor authentication if available.
  • Regularly back up your wallet information in a safe place.

Summary

  • A Bitcoin wallet doesn’t store Bitcoin itself but holds the keys to access it on the blockchain.
  • Public keys are like addresses you share to receive Bitcoin; private keys are secret passwords to send Bitcoin.
  • Wallets can be software-based (connected to the internet) or hardware/offline (more secure).

Executor’s Compensation in Alberta: What You Need to Know

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Executor compensation can be a complex topic, but it’s an important part of estate administration in Alberta. If you’ve been named an executor or are involved with a deceased person’s estate, understanding how compensation works can prevent disputes and help manage expectations. This article covers the basics of executor compensation in Alberta, the factors influencing the fee amount, how multiple executors affect compensation, and the impact of delegating work to professionals. If you are executor in Alberta and need some advice on how to claim executor fees in Alberta, click here to speak with me.

What Is Executor Compensation?

An executor (sometimes called a personal representative) is the person appointed to administer an estate after someone’s death. This includes collecting assets, paying debts, handling taxes, and distributing the remaining property to beneficiaries.

In Alberta, executors are generally entitled to receive compensation for their efforts unless the will explicitly waives that right or sets a different arrangement. Compensation is intended to acknowledge the time, skill, responsibility, and sometimes inconvenience involved in settling the estate. If you need help with calculating what you should get for fees for being an executor, contact me.

Executors are also entitled to reimbursement for reasonable expenses they incur, such as fees paid to lawyers, accountants, or for travel – these are separate from their compensation fee.

The Alberta Executor Fee Guidelines: The Starting Point

There is no strict formula set by Alberta law for executor fees. Instead, the courts and practitioners often rely on the Alberta Executor Fee Guidelines, which recommend reasonable percentage ranges based on the value and nature of the estate.

These guidelines suggest compensation rates as follows:

  • 3% to 5% on the first $250,000 of estate capital
  • 2% to 4% on the next $250,000
  • 0.5% to 3% on the remainder above $500,000
  • 4% to 6% of the revenue (income) received by the estate during administration
  • Care and management fees for assets held long-term, often ranging from 0.1% to 0.6%, depending on the asset value

These percentages act as a rule of thumb rather than fixed rates. They aim to balance fair pay for the executor with reasonable costs to the estate.

Factors Determining Executor Compensation and Their Impact

Executors don’t simply get a flat rate or a fixed percentage without consideration of what they actually do. Alberta courts and beneficiaries assess compensation based on several key factors that reflect the nature and difficulty of the work involved.

Here is a detailed look at those factors and how they influence compensation:

1. Gross Value of the Estate

  • Impact: Larger estates usually involve more assets to manage and greater potential liability. Executors of wealthier estates tend to receive higher compensation as a percentage because their responsibility and the risk are greater.
  • Example: Administering an estate worth $2 million typically results in a higher fee than one worth $100,000 because of increased complexity and value.

2. Revenue, Receipts, and Disbursements of the Estate

  • Impact: If the estate generates income during administration (like rent or investment dividends), the executor’s role includes managing these revenue sources, which increases their workload and thus compensation.
  • Example: An estate with rental properties producing steady income usually supports a higher compensation rate due to ongoing management duties.

3. Complexity or Difficulty of the Work

  • Impact: Complex estates require more skill, time, and judgment. This can include international assets, disputes among beneficiaries, trusts, or business interests.
  • Effect: Compensation will be adjusted upward to reflect the extra effort. Simple estates with clear instructions and few assets generally justify lower fees.

4. Skill, Labour, Responsibility, and Specialized Knowledge Required

  • Impact: If executors must rely on specialized legal, financial, or other technical knowledge, their compensation can increase. The executor’s expertise is valued because it safeguards the estate and reduces the need for costly mistakes.
  • Example: Executing a will that involves managing a private corporation typically requires a higher skill level and results in higher compensation than settling a straightforward estate.

5. Time Expended and Effort

  • Impact: Compensation largely depends on how much time the executor spends on estate matters. More hours, or more complex tasks, generally mean higher compensation.
  • Note: Time includes gathering assets, communicating with beneficiaries, preparing documents, and liaising with professionals.

6. Delegation to Others

  • Impact: If an executor hires lawyers, accountants, real estate agents, or other professionals for substantial estate tasks, their compensation may be reduced, reflecting that they didn’t personally perform all the work.
  • Principle: Executors should not be compensated for work they delegate, but can be reimbursed for hiring professionals. The fee reflects their personal effort and responsibility.

7. Number of Executors

  • Impact: When there are multiple executors, the total compensation is generally divided among them.
  • How It Works: Courts and beneficiaries expect compensation to reflect each executor’s actual contribution to the estate administration, not just a simple equal split.
  • Example: If one executor handles the bulk of the work while another is less involved, the more active executor receives a larger share.

Delegating Work to Professionals: Effect on Executor Compensation

Executors often need expert help, such as legal advice, accounting, or real estate sales. Delegating work does not eliminate executor responsibility but changes how compensation is approached:

  • Executor Fees Reflect Personal Work: Only the executor’s own labor, skill, and responsibility justify their compensation.
  • Reduced Fee if Delegation High: If most substantive work is outsourced, a court or beneficiaries may reduce executor compensation proportionally.
  • Reimbursed Expenses: Fees paid to professionals are paid out of the estate as expenses, not deducted from executor fees.
  • Practical Strategy: Executors should document delegated tasks and ensure fees charged are reasonable.

Why This Matters: Fairness and Transparency

Executor compensation affects both executors and beneficiaries. Executors deserve fair pay for difficult work, but excessive fees reduce the amount beneficiaries receive.

Beneficiaries want reasonable fees that reflect actual administration work without padding. Executors need to balance efficient delegation with maintaining their due compensation.

Open communication, clear terms in the will if possible, and following guidelines help reduce disputes.

Summary

  • Executor compensation in Alberta is flexible but guided by percentage ranges based on estate size and complexity.
  • Several factors influence compensation: estate value, revenue, complexity, skill and time required, delegation, and number of executors.
  • More complex or time-consuming estates justify higher compensation.
  • Multiple executors share the compensation based on their individual contributions.
  • Delegating work reduces executor fees since compensation is for personal work, but costs for hired professionals are reimbursed separately.

If you’re an executor, it’s wise to keep detailed records of your time and duties and maintain clear communication with beneficiaries about compensation to help ensure a smooth administration process. If in doubt, legal advice can clarify your rights and obligations regarding compensation. To speak with me, click here.

Left Out of a Will in Alberta? Your Legal Rights and Options for Estate Disputes 2025

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Discovering that you’ve been excluded from a loved one’s will can be emotionally devastating and financially worrying. Whether you’re a spouse, child, or other family member who expected to inherit, being left out raises immediate questions about your rights and options. In Alberta, the law provides several avenues for those who believe they’ve been unfairly excluded from an estate, but understanding these options requires careful consideration of the specific circumstances and legal requirements.

Understanding Your Legal Standing

Before taking any action, it’s crucial to understand whether you have legal grounds to challenge the will or claim against the estate. In Alberta, certain individuals have stronger legal protections than others when it comes to inheritance rights.

Spouses and Adult Interdependent Partners have the most robust protections under Alberta’s Wills and Succession Act. If you’re a surviving spouse or adult interdependent partner who has been left out of the will entirely or received what you believe is inadequate provision, you may have grounds for a claim. The law recognizes that spouses have a fundamental right to support from their deceased partner’s estate.

Minor children also have strong potential claims, particularly if they were financially dependent on the deceased or if there are unusual circumstances surrounding their exclusion. However, parents generally have the right to distribute their assets as they see fit, so the bar for successful claims by adult independent children can be higher.

Other family members such as parents, siblings, grandchildren or step-children typically have limited rights to challenge a will unless they can demonstrate they were financially dependent on the deceased or there are exceptional circumstances.

Grounds for Challenging a Will

Several legal grounds exist for challenging a will in Alberta, each with specific requirements and standards of proof.

Lack of testamentary capacity occurs when the will-maker didn’t have the mental ability to understand the nature and consequences of making a will. This might involve dementia, mental illness, or other cognitive impairments that affected their decision-making ability at the time the will was created.

Undue influence happens when someone pressured or manipulated the deceased into changing their will against their true wishes. This often involves situations where a caregiver, family member, or friend used their position of trust to benefit themselves at the expense of other potential beneficiaries.

Fraud or forgery involves situations where the will was created through deceptive means, signatures were forged, or the deceased was misled about the contents of the document they were signing.

Improper execution occurs when the will wasn’t properly witnessed, signed, or prepared according to Alberta’s legal requirements. Technical defects in how the will was created can sometimes invalidate the entire document.

Family Maintenance and Support Claims

Even if you cannot successfully challenge the validity of the will itself, Alberta law provides another avenue through family maintenance and support claims. Under the Wills and Succession Act, certain family members can apply to the court for adequate provision from the estate if they believe the will doesn’t provide appropriate support.

These claims are based on the principle that individuals have moral and legal obligations to provide for their dependents and family members, even after death. The court considers factors such as the relationship between the claimant and deceased, the claimant’s financial needs, the size of the estate, and the deceased’s reasons for the distribution choices made in the will.

Successful family maintenance claims don’t necessarily invalidate the will but can result in court orders redistributing portions of the estate to provide adequate support for eligible family members. As noted above, spouses, adult interdependent partners, minor children and adult children who suffer from a disability which renders them incapable of earning a livelihood can make a claim against the estate if they have been completely or partially excluded from the Will.

Immediate Steps to Take

If you believe you’ve been wrongfully excluded from a will, time is often critical. Alberta has limitation periods that restrict how long you have to take legal action, so prompt action is essential.

Obtain a copy of the will as soon as possible. The executor should provide copies to beneficiaries, but if you’re not named in the will, you may need to request it through the court or your lawyer.

Consult with an experienced estate litigation lawyer who can assess the strength of your potential claim and advise you on the best course of action. Estate litigation is complex and specialized, requiring expertise in both the substantive law and procedural requirements.

Consider the costs and benefits carefully. Estate litigation can be expensive and time-consuming, and there’s always risk involved. Your lawyer can help you understand the potential costs, likelihood of success, and possible outcomes.

Alternative Dispute Resolution

Not all estate disputes need to go to court. Mediation and other forms of alternative dispute resolution can sometimes resolve conflicts more efficiently and cost-effectively than litigation. These approaches can preserve family relationships while still addressing legitimate concerns about the estate distribution.

Many estate disputes arise from misunderstandings, poor communication, or family dynamics rather than clear legal violations. A skilled mediator can help family members work through these issues and reach agreements that address everyone’s core concerns.

Moving Forward

Being left out of a will is never easy, both emotionally and practically. While the law provides various protections and remedies, each situation is unique and requires careful analysis of the specific facts and circumstances involved.

The key is to act promptly while taking time to make informed decisions about how to proceed. With proper legal guidance and a clear understanding of your rights and options, you can determine the best path forward for your particular situation.

Remember that estate litigation is not just about money – it’s often about family relationships, recognition, and closure. Whatever approach you choose, focus on achieving outcomes that align with your values and long-term well-being, not just immediate financial gain.

Disclaimer: This post is intended for informational purposes only and does not constitute legal advice.

How Long Does It Take to Get a Grant of Probate in Alberta? A Complete Timeline (October 2025 Update)

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When a loved one passes away, dealing with their estate can be overwhelming. If you’ve been named as an executor in someone’s will in Alberta, one of your key responsibilities will be obtaining a grant of probate. This important legal document confirms your authority to administer the deceased’s estate. For help with obtaining a Grant of Probate, click here.

A common question many executors have is: “How long will this process take?” Let’s break down the typical timeline for obtaining a grant of probate in Alberta, along with factors that might speed up or delay the process.

The Typical Timeline for Probate in Alberta

Average timeframe for applications filed using the Surrogate Digital Service: 2-4 weeks from application being submitted to Court to receiving the grant.

The Surrogate Digital Service (“SDS”) is an electronic filing system that was established by the Government of Alberta in 2022. The service permits lawyers, on behalf of their clients, to submit grant applications to the Court online. Initially, only applications for grants of probate were permitted to be filed online. Since then, virtually every type of estate administration application can now be made online. The service is only available to lawyers and legal personnel and is not available to the general public. As a result of the Surrogate Digital Service, the time to obtain a grant from the Court has improved significantly.

There are still some types of applications that must be submitted as a paper filing. For instance, where there is no Alberta executor named in the Will, the out of province executor has to submit a paper application to obtain a grant of probate. The timeline for obtaining a grant under these circumstances is significantly longer and it can 3 to 4 months for the grant to be issued.

If it is important that a grant of probate or grant of administration be received quickly, then it is recommended that the executor proceed with the Surrogate Digital Service route as it will significantly shorten the timeframe from submitting the application to actually receiving the grant.

If you need help with administering an estate, click here.

Step-by-Step Probate Timeline

1. Initial Preparation Period (1-2 months)

Before you can even apply for probate, there’s significant preparation work:

  • Locating the original will
  • Identifying all assets and liabilities
  • Obtaining death certificates
  • Getting valuations of properties and investments
  • Gathering information about beneficiaries
  • Preparing the necessary probate forms

This initial gathering of information typically takes 1-2 months, depending on the complexity of the estate and how organized the deceased’s records were.

2. Application Submission via the Surrogate Digital Service (2-4 weeks)

As discussed earlier, Alberta has significantly modernized its probate process through the Surrogate Digital Service, which allows for fully digital probate applications. Some of the highlights of SDS include:

  • Fully digital applications: The entire application can be completed and submitted online through a secure online portal
  • Electronic document submission: Original documents can be scanned and uploaded rather than physically submitted
  • Digital signatures: Allows for remote signing of documents by executors
  • Automated validation: The system performs initial checks for completeness
  • Digital notifications: Updates are sent automatically as the application progresses
  • Reduced processing times: The digital system has cut average wait times from months to weeks, a significant improvement over the previous paper-based system

This digital transformation represents one of the most significant improvements to Alberta’s probate process in decades, making it considerably faster and more accessible for executors.

3. Receipt of the Grant of Probate

After the court approves your application, you’ll receive the grant of probate, which authorizes you to begin administering the estate.

Factors That Affect the Probate Timeline in Alberta

Factors That May Speed Up the Process:

  • Digital application: Using the Surrogate Digital Service instead of paper applications
  • Simple estates: Fewer assets, clear documentation, and minimal complexity
  • Well-organized records: When the deceased kept thorough financial records
  • Experienced help: Working with an estate lawyer familiar with Alberta’s digital probate system
  • Complete applications: Ensuring all required documents are correctly prepared and scanned

Factors That May Cause Delays:

  • Technical issues: Problems with document uploads or the digital system
  • Complex estates: Multiple properties, business interests, or investments
  • Missing documentation: Difficulty locating assets or obtaining valuations
  • Contested will: If beneficiaries challenge the will’s validity
  • System maintenance periods: Occasional downtime of the digital service
  • Incomplete applications: If additional information is requested
  • Tax complications: Complex tax situations requiring clearance certificates

Tips to Help Speed Up the Probate Process in Alberta

  1. Use the Surrogate Digital Service: The online application system is faster than paper applications
  2. Ensure digital document quality: Submit clear, high-resolution scans of all required documents
  3. Start gathering information early: Begin collecting required documentation as soon as possible
  4. Consider professional help: An experienced estate lawyer familiar with the digital system can navigate it efficiently
  5. Submit a complete application: The digital system will flag missing information, but a complete submission from the start prevents delays
  6. Monitor your application: Check the online portal regularly for status updates or requests for additional information
  7. Enable notifications: Make sure email notifications are set up correctly in the system

Final Thoughts

Thanks to Alberta’s Surrogate Digital Service, obtaining a grant of probate now typically takes just a few weeks, a significant improvement over the previous timeline of several months. This digital transformation has made the process more efficient and accessible for executors.

If you’re serving as an executor, consider consulting with an estate lawyer who specializes in Alberta probate law and is familiar with the digital application system. Their expertise can help navigate the online portal and potential complications that might arise.

Remember that probate is just one part of the overall estate settlement process, which typically takes 9-12 months to complete fully, from the time of death until the final distribution to beneficiaries.

Disclaimer: This information is current as of May 2025 but is subject to change as the Surrogate Digital Service continues to evolve. This post is intended for informational purposes only and does not constitute legal advice.

CPP PAYMENT DATES 2024

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The CPP payment dates for 2024 are:

  • January 29, 2024
  • February 27, 2024
  • March 26, 2024
  • April 26, 2024
  • May 29, 2024
  • June 26, 2024
  • July 29, 2024
  • August 28, 2024
  • September 25, 2024
  • October 29, 2024
  • November 27, 2024
  • December 20, 2024

If you receive CPP Retirement Pension or CPP Disability, Children’s or Survivor Benefits, you will receive payment on these dates. If you set up direct deposit, payments will be deposited in your account on these dates.

Canada Disability Benefit

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The Canada Pension Plan Disability Benefit is a taxable monthly payment intended to replace the income of an individual who suffers from a severe disability. In order to qualify, you must:

  • be under 65 years of age
  • have made made enough contributions into the Canada Pension Plan (CPP)
  • have a mental or physical disability that regularly prevents you from doing any type of substantially gainful work
  • have a disability that is long-term and of an indefinite nature, or is likely to result in death. If your medical condition is expected to be short-term or temporary, you will not be eligible for CPP disability benefits.

You may be eligible to receive the CPP post-retirement disability benefit if you are currently already receiving the monthly CPP retirement pension, if you:

  • are between 60 to 65 years of age
  • contributed enough to the CPP
  • have a mental or physical disability that regularly stops you from doing any type of substantially gainful work
  • have a disability that is long-term and of indefinite duration, or is likely to result in death
  • have been receiving the CPP retirement pension for more than 15 months or become disabled after starting to receive the retirement pension

What is considered “Substantially Gainful Work”?

Substantially gainful work is employment that pays wages equal to or greater than the maximum annual amount a person could receive as a disability pension. In 2023, this amount is $18,508.36 (before tax). 

Once you have earned $6,600 (before tax) in 2023, you must contact Service Canada. Your disability benefits may be impacted by your gross (before tax) earnings:

  • if you earn below $6,600 (before tax), your disability benefits should not be affected
  • if you earn between $6,600 and $18,508.36 (before tax), this may show that you are regularly capable of working and it may affect your disability benefits
  • if you earn  $18,508.36 (before tax) or more, this demonstrates that you are regularly capable of working and you will likely no longer qualify for disability benefits

You must advise Service Canada when you reach any of these amounts and you should call when you start working. This does not necessarily mean that your benefits will stop. Service Canada will consider the factors listed above (hours, regularity, etc.) in deciding whether your benefits will continue.

CPP Children’s benefit

If you are receiving the CPP disability benefit, your dependent children may also qualify for a monthly payment if they are:

  • under 18, or
  • between 18 and 25 and attending school full time at a recognized school or university. Once a child turns 25, they are no longer eligible for these benefits.

In addition, children of a deceased contributor who previously made sufficient CPP contributions may be entitled to receive a surviving child’s benefit. In order to qualify, the child must be under 18 or between 18 and 25 and attending full time school at a recognized educational institution.

In order to be considered a dependant child, the child must be the natural born child of the contributor, or a child adopted by the contributor while under the age of 21, or a child legally or in fact living with and in the custody and control of the contributor while under the age of 21.

  • the natural child of the contributor
  • a child adopted “legally” or “in fact” by the contributor while under the age of 21
  • a child “legally” or “in fact” living with and in the custody and control of the contributor while under the age of 21

Can a power of attorney change a beneficiary on a life insurance policy or investment accounts?

~ Alberta Estate and Family Law Blog ~ Leave a comment

A Power of Attorney is a legal document where an individual (the donor) appoints someone else (the attorney) to look after the donor’s financial affairs in the event the donor loses capacity to handle his or her own affairs. A Power of Attorney is a critical component of an individual’s estate plan and in many ways, is as important as having a Will. Given that the powers being given to the attorney are so broad and effectively give the attorney unfettered access to the donor’s finances, it is critically important that the individual or individuals being appointed as the attorney are someone that the donor trusts without question.

One question that often comes up when dealing with the powers of an attorney under a Power of Attorney is whether the attorney, once acting, can change a beneficiary designation on the donor’s investment accounts or life insurance policies. Courts throughout Canada have consistently stated an attorney’s authority does not extend to being able to change beneficiary designations on behalf of the donor. A change of beneficiary designation on life insurance or other investment instruments is seen as a testamentary act, similar to making a Will and therefore, an attorney appointed under a Power of Attorney does not have the ability to change beneficiaries previously named by the donor when he or she was mentally capable.

An attorney is a fiduciary and must carry out their duties diligently, honestly, in good faith, and in the best interests of the incapable donor. It is hard to imagine a scenario where changing a beneficiary on behalf of the incapable donor would be in his or her best interest.

If you have any questions about the scope of authority of an Attorney under a Power of Attorney or are in need to obtaining a Power of Attorney for yourself, please contact me at matwal@fieldlaw.com and I would be happy to discuss your situation with you.

How Long Does Probate Take In Alberta?

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EDIT: As of June 15, 2021, it is currently taking approximately 16 to 20 weeks for the Court to issue Grants of Probate in Judicial Centres of Edmonton and Calgary. The processing times may be somewhat faster in smaller Judicial Centres.

Which Judicial Centre Do You Submit Your Grant of Probate Application To?

Generally speaking, the application for probate must be filed with the surrogate section of the Court of Queen’s Bench which is:

  • closest by road to the place where the deceased lived before their death; or,
  • if the deceased lived outside of Alberta, closest by road to the deceased’s property in Alberta

Depending on the Judicial Centre handling your application, from the time the application is submitted, it may take 4 to 5 months for the court to issue the grant, assuming that there are no defects with the application. This is particularly the case in larger Judicial Centres such as Edmonton or Calgary, and particularly so as the Courts continue to deal with the inevitable delays caused by the Covid-19 pandemic.

For a free consultation on whether you need to apply for a Grant of Probate, you can contact me at 587-773-7181 or by email at matwal@fieldlaw.com

Why you need to talk to your wills and estates lawyer about your personal directive

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A personal directive is a legal document that allows you to name someone to act as your agent to make personal decisions on your behalf in case you lose the capacity to make decisions for yourself.

The types of personal decisions that an agent may be required to make on a person’s behalf may include the following:

  • health care decisions
  • where the individual will live, i.e., at home or in a long term care facility
  • with whom the individual will live
  • what sorts of activities an individual can participate in

Obviously, the most critical decisions often relate to health care and where someone will live once they lose capacity. A properly drafted personal directive should include language that allows your agent to carry out your wishes in regards to your personal matters if you lose capacity. For example, if your goal is to remain living at home for as long as you are capable of independently doing so, your personal directive should include language to that effect. Without that language, your agent may be left guessing as to what you would want to happen when those circumstances inevitably arise.

A personal directive is not just something that should be in place for the elderly. Families with young children should have this document in place in case both of the parents are injured in a common accident that renders both of hem incapable of taking care of their children for a period of time. A guardianship clause in the personal directive would allow those young children to be cared for properly during the period of incapacity.

For a consultation to review or discuss your personal directive, at Field Law, we have a team of Wills and Estates lawyers in Edmonton and Calgary who are are available to assist you.

Estate Planning In Times of Uncertainty

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At no point in recent memory has the need for putting your affairs in order seemed more necessary than right now. Recent events in the world should highlight how important it is to have your estate planning documents in order.

If you don’t have a Will, Power of Attorney or a Personal Directive, simply put, you need them.

At Field Law, we remain available to help you put these documents in place. Contact us at 587-773-7181 to schedule a call with one of our lawyers.