Wills

Reliable Legal Services for Estate Planning

A Valuable Document

Creating a Will is essential to ensure that your loved ones are protected after you pass away. Nigro Manucci specializes in creating Wills, ensuring they are legally sound and specific to your wishes. Our experienced team provides you with the peace of mind that your estate will be handled the way you want it to be.

Will Services

Our team at Nigro Manucci provides comprehensive estate planning services, including providing advice about your estate and working with you to create your Will. We work with you to ensure that your Will reflects your unique wishes and provides clear instructions for your designated representative.

You Can Choose Who Will Administer Your Estate

The person you appoint to administer your estate is most often referred to as your “Personal Representative”. The Personal Representative may also be referred to as your “Executor”, if male, “Executrix”, if female, and “Trustee”.

If your spouse is the sole beneficiary of your estate, you may wish to name him or her as the primary Personal Representative. Depending upon your circumstances, one primary and an alternate Personal Representative will likely be sufficient. When deciding on a Personal Representative you may wish to choose someone who:

is likely to live longer than you;
you trust;
is a resident of Alberta;
is aware of what you want in the administration of your estate and is willing to carry out your wishes;
is capable of managing his or her own financial and personal affairs and is relatively organized; and
is aware of the nature and extent of your estate and the location of your assets.

We recommend that you ask your proposed Personal Representatives if they are prepared to act in the administration of your estate prior to preparing your Will.

You Can Appoint A Guardian For Your Minor Children

The Courts are not bound to accept the guardians appointed in your Will, however, the wishes of the parent are generally respected. In the matter of guardianship, the Courts consider the best interests of the children.

You Can Decide Who Will Benefit From Your Estate

Your Will sets out the details of who will benefit from your estate. You can make specific bequests, include a direction for your Personal Representative to distribute specific items in accordance with a memorandum that you have prepared or will prepare at a later date or deal with all your property in more general terms. You can also designate when beneficiaries will receive their share of your estate.

You Can Maximize The Inheritance Your Beneficiaries Will Receive

With a Will you can prevent the untimely liquidation of your estate. If you have no Will, or your Will does not address this issue, the law requires that your property be disposed of and distributed in a timely fashion. In order to preserve their value, it may be necessary to maintain certain assets in your estate in their current form. You may wish to make a provision in your Will to give your Trustee the power to maintain your assets in the form in which they are at the time of your death and to convert them to cash when your estate will benefit the most from the conversion. Likewise, if you have a business, you may want to give your Trustee the power to continue to operate the business until it is advantageous to convert your shares, or to sell the assets.

What Can I Do To Reduce The Risk That My Will May Be Successfully Challenged?

Ensure That You Provide For Your Dependents. Your Will should provide for the proper maintenance and support of your dependents. If it does not, the Courts, upon the application of one or more of your dependents may overturn your Will.
Divorced persons may be subject to settlement agreements and court orders regarding the maintenance and support of a spouse and children. Many times these obligations survive the death of the divorced person. It is important that your Will incorporates these obligations.

Make Your Will While You Have The Mental Capacity. The longer you wait to make your Will the greater the risk that you could be a victim of brain disease, stroke or suffer impairment to your cognitive functions. Do not risk having your Will challenged on the basis that you did not have the mental capacity to understand the nature and effect of your Will.

Reasons to Update Your Will

Relationships change. Perhaps your once-favorite niece rarely contacts you anymore, or you rekindled a close friendship with a college buddy in recent years. A second marriage may have brought wonderful new people into your life. Maybe one of your beneficiaries has passed away. Grandchildren and great-grandchildren may have been born, who aren’t mentioned in your Will. If a child or other family member has reached the age of majority (18 in Alberta), you may wish to consider revising certain details or naming them as your Trustee.
Assets change. If your estate has experienced a substantial increase or decrease in value, it’s important to take a careful look at your estate plan. Maybe you bought or sold a major asset, such as a home, or you started a new business. Perhaps you have acquired a new, sentimentally valuable belonging that you know a certain loved one will cherish. Even if the changes to your estate are small, you may wish to change how your assets are dispersed.
Locations change. If you are new to Alberta and your Will was completed outside of our province, you should consult with us to determine whether your Will is still valid. In addition to ensuring your Will’s validity, it’s crucial to understand how Alberta handles probate and your property.

How Often Should You Review Your Will?

A good rule of thumb is to review important legal documents every five years. A Will review is also recommended in the following scenarios:

Upon the birth or adoption of a child, grandchild or other family member
Following a marriage or divorce
When someone named in your will passes away
When children, grandchildren or other heirs reach adulthood
Upon changes in your executor, guardian, and/or trustee’s circumstances
When the value of your estate significantly increases or decreases
Upon starting a business
Following diagnosis of a chronic or terminal illness

How to Review and Revise Your Will

If you haven’t looked at your Will in a while, now is a good time to begin your initial review. You won’t need a lawyer for this first part. Consider the heirs, guardians, trustees and executors named in your Will, and ask yourself these questions:

Is anyone missing from the document?
Is someone listed who shouldn’t be any longer?
Have any of the listed individuals’ circumstances changed since this Will was drafted or last updated? (For example, is your executor still of sound mind and capable of serving in the role you have designated for them?)
How do you feel about the way your assets are to be divided?

If questions arise or revisions are needed, then it’s time to make an appointment with us and enjoy the added peace of mind that comes with confirming your affairs are in order.

Why Choose Nigro Manucci for Wills?

Since 1972, Nigro Manucci has been a trusted name in Wills and Estates law. Our commitment to quality work, integrity, and respect makes us a trusted choice for your Will. Our experienced team is dedicated to providing personalized and professional service tailored to meet your needs.

Contact Nigro Manucci today to learn more about our Will services.

Not what you were looking for? Nigro Manucci also offers the following services:

Real Estate Law
Corporate Law
Wills and Estate Law

Nigro Manucci’s Top Resources for Further Reading:

Government of Alberta – Wills
Canadian Bar Association – Wills, Estates and Trusts
Alberta Law Libraries – Wills, Estates and Trusts

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