Are there any special considerations that go into estate pla

1. Frequently Asked Questions

2. Are there any special considerations that go into estate planning for gay and lesbian couples?

3. In Alberta, from a legal point of view a gay or lesbian couple is the same as a heterosexual couple. A more relevant factor may be whether or not the couple has children.

4. A childless couple will often want to appoint adult nieces and nephews, or even younger adult friends, as alternate executors for the wills, alternate attorneys for the powers of attorney, and alternate representatives for the personal directives.

5. On the other hand, a couple with adult children will typically appoint one or Moreof the children as alternate representatives.

6. With a husband and wife, would you prepare one joint will or two wills?

7. 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. In particular, a husband and wife’s wishes are not always in line.

8. For example, the husband may wish for one of his siblings to be his alternate executor, and the wife may wish for one of her siblings to be her alternate executor. In all likelihood, one spouse will predecease the other, rather than both dying at the same time.

9. 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. Need More Information? Call (403) 265-4496 or visit www.CalgaryImmigrationLawyer.com