Most Albertans leaving their final affairs up in the air, lawyer says

According to a new poll by the Angus Reid Institute, less than half of adult Albertan have a last will and testament.

The poll found only 45 per cent of Albertans have made their final wishes official, with the remaining 55 per cent leaving their posthumous planning up to the whim of surviving family members. 

Jonathan Ng, a Calgary-based wills and estates lawyer, told the Calgary Eyeopener why so many Albertans are avoiding getting their affairs in order and offered some advice to those who are getting ready for the end.

The following is an excerpt from that interview.

Q: Are you surprised by the findings that more than half of Albertans don't have a will?

A: Not at all. You know, for a lot of Albertans and a lot of Canadians, writing a will seems like an onerous task.

Whether it be the general empathy of 'I'm going to be dead, I'll let the living worry about it,' or maybe the emotions about facing one's mortality that makes preparing a will very uncomfortable.

Q: What happens to your possessions if you don't leave a will?

A: The law in Alberta regarding this matter is governed by an act called the Wills and Successions Act.

And this law tells Albertans two things: No. 1, who's going to be in charge if you don't have a will. That's called your administrator. And No. 2, who your beneficiaries are, and those are limited to family members.

Far too many people, whether on purpose of inadvertently, will leave it to the law of intestacy to determine how their possessions are dealt with. And for many families, that's just unacceptable.

Q: How good are do-it-yourself will kits?

​A: Here's my thought on [will kits]. A will kit, most of the time, is better than nothing. And if that's what is best for a family, go a head.

The instructions must be followed very, very carefully in those will kits. So if you chose that path, follow the instructions explicitly and most of the time you might be OK.

Q: What about something less formal? Is a will scrawled on the back of a napkin still legal?

A: What you've just described is called a holograph will. In Alberta, a will written from top to bottom, signed and dated entirely in your handwriting, is a valid will.

Q: Does a fear of lawyers play into Albertans not writing a will?

A: I think lawyers get a bad rap, and our fees are certainly not something to write home about, in most cases.

But I suppose what I suggest is, give it a shot. Sit down, listen to what the lawyer has to say.

One of our first roles is to be an educator and to tell people what to do. But also I think it's our role tell people what the outcome might be [if they don't write a will] and you make the decision.

It's about empowerment and making choices.

Q: What stage of your life should you consider writing a will?

A: You'll hear common milestones such as owning property, owning significant assets, entering into a relationship of permanence. But all of that can be pre-empted by just being an adult.

For a lot of young Canadians that feel that their family can take care of it, even though they don't have significant assets … they still have affairs that need to be wrapped up, and having a will can greatly assist their family in wrapping up those affairs, as simple as they may be.

Q: Does writing a will open the door to uncomfortable conversations between spouses or partners?

A: I often tell married couples when they come to see me 'my intention is not to send you home on a awkward car ride after this meeting.' And from time to time I do, but not by choice.

Big questions have to be asked — guardianship of minor children, a choice of trustees, a choice of executors. Often times we open the door to conversations about their in-laws and how they really feel about their sister, how they really feel about our mom, but it's got to come out.

But better to have that conversation now than at your funeral.

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With files from the Calgary Eyeopener