Not surprisingly one of the leading causes of estate litigation is a poorly drafted will or the complete absence of a will. If a person dies then there is no way to ask them what they want to do with their stuff. A will is the only way to know a person’s intentions. This may seem obvious, but you would be amazed what people will come forward with after you die about promises that you allegedly made or obligations you may have.

The more money you have then the more likely that someone will come forward with some idea of what your intention was, according to them. Also, if you have no will then government legislation decides who gets what, but that is not often what people really want.

When doing up the will: be clear. Be very very clear. A poorly drafted will can cause more problems than having no will. I have seen some real hack jobs that have landed families in Court for a long time. Also, KISS is a good principle where possible: “Keep it Simple Stupid”. Trying to control money from beyond the grave is hard and complicated and often fails. You want clear and you want it simple, that sounds like a job for a lawyer!

By Darryl Aarbo of Aarbo Fuldauer LLP

For more information, please contact the law office of Aarbo Fuldauer LLP at:

Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: [email protected]

Darryl Aarbo
Barrister & Solicitor
www.aflawyers.ca

*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*