Calgary Legal Wills FAQ Answered By Russ Weninger

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Calgary Legal Wills FAQ

• Answered By Russ Weninger
• Calgary Legal Wills Lawyer

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Are there any special considerations that go into
estate planning for gay and lesbian couples?
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Estate Planning Canada

• From a legal point of view in Alberta a gay or
• lesbian couple is the same as a heterosexual
• couple. A more relevant factor may be whether
• or not couple has children.

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With a husband and wife, would you prepare one
joint will or two wills?
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Joint Wills or Two Wills
Some jurisdictions allow for joint wills.
However, my practice is to prepare two wills, one
for each spouse. I think joint wills have too
many drawbacks. Since a joint will may be
probated for the spouse who dies first, the
second spouse would then likely have to do
another will anyway.
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I am considering purchasing property in the US.
Is there something I should consider?
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Purchasing Property in US

• Yes, purchasing US property may subject you to US
• estate tax. Also, if you live in the US for a
  significant
• period of time or acquire US citizenship, you may
  be
• subject to US estate tax. I would recommend
  speaking
• with a US tax lawyer before you consider
  purchasing
• US property, living in the US, or applying for US
• citizenship.

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I have a young family. I know that I should
provide for my spouse and children in my will.
What happens if we all die at the same time, say
in a car accident?
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If Accident Occur

• It is a good idea to have a clause in your will
  that is
• sometimes morbidly referred to as a wipe-out
• clause. A wipe-out clause stipulates
  beneficiaries in
• the event that your immediate family members have
• all died. Typically, a wipe-out clause will leave
  assets
• to parents, siblings, and/or nieces and nephews.
  In
• some cases, wipe-out clauses will leave assets to
• friends or charities.

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at(403) 265-4496 Email us at russ_at_russweninger.
com