Provincial government makes changes to Wills and Estate laws

CALGARY – Albertans who have already completed their will should be aware of some upcoming changes to the Wills and Estate Laws.

The new Wills and Succession Act will replace or cancel a number of other laws; changes will need to be made to existing wills if property is currently left to spouses or children.

For instance, getting married no longer cancels an existing will; only divorce or ending a relationship will revoke gifts to your ex-spouse or adult partner.

“Marriage actually invalidated your existing will,” says Melanie Grant, MacMillan Estate Planning. “That is exactly opposite of what the new wills and succession act is now. The only thing that will actually invalidate a gift in a will is divorce.”

As well, only adult children under 22, enrolled in school full time can make a claim for support against their parent’s estate.

“That may not have been your original wish of what you had wanted or foreseen for your children or your grandchildren so we need to write specific things now in the will to accommodate that to take into consideration the new legislation,” says Grant.

Estate planners and lawyers have been busy updating wills before the new rules take effect February 1st.

There were some controversial changes expected to be written into the new law dealing with who gets matrimonial property; however, Global News has learned those changes will not be going ahead.

One of the proposed changes guaranteed a spouse 50 per cent of property in addition to anything else left to them in a will.

For more information on the new Wills and Succession Act, visit Alberta Justice’s website.