Wills 101 – some basics
- Sharing basic will information that is included in 5 previously published columns, i.e. a changed address doesn’t invalidate a will, an Alberta will is valid in BC, if a single parent doesn’t have a will, by default the estate will go to the children, and how very little it takes to make a valid will
I’ve covered a lot of ground in the 45 weekly columns published over the last 9 ½ months.
I find myself saying “I’ve written about that” more and more, when providing advice.
Thursday evening, at a networking event, I covered the subject matter of a handful of separate columns in one casual chat.
I met a lady who had moved at some point from Alberta. We introduced ourselves, and when I told her what I do she brought up concerns about her will.
She’s a single mother of an adult daughter with no grandchildren. She wants her estate to go to her daughter.
She recalled having paid $800.00 for her will some years ago. She hoped not to have to pay that again!
As an aside, wow, that’s even more than the going rate today in Kelowna and there’s been some years of inflation since she had her will done!
One concern was that the will has the address where she lived at the time it was made but she’s moved several times since then.
I explained that the address is simply a tool for identifying her as the Maria Smith who made the will, not one of the many other Maria Smiths in the world. She’s the Maria Smith who at the time of making the will resided at 21 Crowchild Trail in Calgary.
Changing addresses has no impact at all on the validity of a will. The old address will continue to serve its purpose.
I wrote about that in a column published April 21st, 2024.
Another concern: her will was made in Alberta but she now lives in British Columbia.
I reassured her that an Alberta will is valid in British Columbia.
I wrote about that in a column published June 16, 2024, debunking widely spread misinformation that an out-of-province will is not valid in BC.
I also shared that her wish for her estate go to her daughter would be followed even if she had no will at all. Default provisions in our laws provide that the estate of a person without a will goes to their children if they don’t have a spouse.
I shared that information in a column published July 14, 2024.
And somehow the topic came up about how little is required to make a valid will. I told her that if she was being rolled into a dangerous surgery she could scrawl “I want everything to go to my daughter” on a piece of paper and that would be a valid will as long as she signed it and it was properly witnessed.
I wrote about that in a column published March 3, 2024.
I tossed in the fact that even if it wasn’t properly signed and witnessed, that scrawled note could be “cured” (validated) as your will as long as it was clear that you were intending to set out what you wanted done with your estate.
I shared that information in a column published February 25, 2024.
When I share legal information in a column, it’s only briefly screened on the news site. Yes, past columns are out there to be found, but the legal information is buried. I wonder if a monthly online seminar might be of value to review the basics and respond to questions. E-mail me at [email protected] if you would be interested.
Now for a disclaimer or two.
Please don’t rely on the snippets of information I’ve provided. Rather, read each of the columns I’ve referenced which are available online. If you have any difficulty finding them, let me know and I’ll help you.
And as simple as I try to present these legal concepts, there can be a lot of complexity to estate planning. There is no substitute for consulting with qualified professionals to ensure your wishes will be followed and to minimize the cost of passing your wealth to your intended beneficiaries.
