Creating the documents necessary to carry out your estate plan and goals.  We can provide off site visits upon request.

At Macphail Harding we understand that discussions about estate planning among family members and loved ones is not an easy task.  Putting off the conversation or the planning can result in chaos and confusion if you become ill or you pass away and someone has to take responsibility for you or your estate, they may not know what your wishes are for your care, finances, or ultimately, the distribution of your worldly assets (your estate).

Where there has been no planning and you cannot manage your affairs own while still alive your loved ones will be required to make an application to the office of the public guardian/trustee.  This can be a lengthily and paper intensive process.

We believe that creation of an estate plan and the accompanying documents should be a painless process. While there may be certain complexities in your life, we can help navigate through those, providing options and explanations along the way.

Estate documents are comprised of a set of three documents.

Personal Directive

In Alberta, a personal directive allows you to name an agent to make decisions about your personal affairs (accommodation, health care, social activities) when you are no longer able to do so.

Last Will and Testament

The final document usually prepared is a will.  Once you pass away your personal directive and power of attorney are no longer effective, and your agent and attorney can no longer act on your behalf.  In your will you will appoint a personal representative, formerly known as an executor/ix.  You will provide directions in your will to your personal representative advising them of how you wish to distribute any assets you have in Alberta when you die.

While many people resist doing these very important documents due to cost, we ask you to consider the value of having documents in place that are valid for your lifetime, unless you purposely decide to update or alter them.  You are encouraged to review your documents after major life events, marriage, divorce, death of a loved one, receipt of large inheritance.

Power of Attorney

A power of attorney is a document that allows you to name someone to act as your attorney (attorney does not mean lawyer in this case) to manage your financial and legal matters when you are no longer capable of doing so.  An attorney can also act upon your immediate direction, a lack of a capacity is not essential, unless you choose the contingency of having lost capacity before your attorney may act on your behalf.

Whether you are appointing an agent or an attorney you will want to appoint a person whom you know and trust to be able to carry out their duties.