Wills & Estates Law

Planning for the future is something many people put off, often because it is not clear what is needed or where to start. Most clients come to us when they want to get things in order and have someone walk them through what actually needs to be done.

We work with clients across Saskatoon and throughout Saskatchewan to prepare wills, powers of attorney, and other estate planning documents.  Our role is to keep the process straightforward, explain things clearly, and make sure everything is properly in place.

If this has been on your list for a while, it is a good time to take the next step.

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Wills and Estate Planning Services

Estate planning is about making sure decisions are already made before someone else has to make them for you.

Most plans are built around two situations: what happens if you are still living but unable to make decisions, and what happens after you pass away.

Wills

A will only takes effect after you pass away. It sets out how your estate should be handled, who is responsible for managing it, and how your assets are distributed.

Without a will, those decisions are made according to Saskatchewan law, which may not reflect what you would have chosen.

Powers of Attorney

A power of attorney applies while you are still living. It allows someone you trust to step in and manage your financial matters if you are unable to do so.

This can include paying bills, dealing with property, or handling accounts. Without it, your family may not have the authority to act when something needs to be handled.

Health Care Directives

A health care directive also applies during your lifetime. It deals with medical care and personal decisions.

It allows you to set out your wishes and name someone to make decisions if you are not able to communicate them yourself.

Making a Will

A will is often the starting point. It creates a clear plan for your estate and gives your family direction at a time when they may already be dealing with a lot.

Preparing a will is not just a matter of filling in names. It is a chance to think through:

  • who you want to act as executor

  • how your assets should be divided

  • the care of children and dependants

  • any specific instructions you want clearly set out in advance

Without a valid will, your estate is distributed according to Saskatchewan legislation. That process may not reflect what you would have chosen, and it can create more uncertainty for the people handling your affairs. A properly prepared will gives you more control and can make things much easier for your family.

Powers of Attorney

A power of attorney is one of the most important parts of estate planning, but it is also one of the documents people are most likely to avoid.

This document allows someone you trust to step in and manage your financial matters if you are unable to do so. That can include handling expenses, banking, dealing with property, or making decisions that can’t be delayed.

In Saskatchewan, an enduring power of attorney remains in effect if you lose mental capacity. Without one in place, your family may need to go through a more involved legal process before anyone has the authority to act for you.

For people who have recently bought a home or are refinancing, this becomes especially important because there may be ongoing financial obligations that need to be managed without interruption.

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A health care directive focuses specifically on decisions around medical treatment and personal care.

It allows you to record your preferences in advance and name someone who can make decisions if you are not able to communicate them yourself. This can include decisions about treatment, care, or how end-of-life situations should be handled.

These are not always easy topics to think about, but having clear instructions in place helps the people around you make decisions with confidence.

Health Care Directives

Estate Administration and Probate

When someone passes away, their estate needs to be administered, which may involve probate. 

This process can include confirming the will, identifying assets, working with financial institutions, paying debts, and distributing the estate to beneficiaries. Some estates move through this process fairly quickly, while others take more time depending on what is involved.

We work with executors and families to explain what needs to be done, help move things forward, and reduce the risk of delays or missed steps.

A common question is when estate planning should actually happen. For most people, it is not tied to a specific age or milestone. It usually comes up when something changes and you start to think about how things would be handled if something happened.

That might be buying a home, getting married, having children, supporting aging parents, or starting a business. It can also come from seeing what happens when someone does not have a plan in place, and realizing how much uncertainty that can create.

Even if you already have documents, it is worth revisiting them from time to time. Circumstances change, and a plan should reflect your current situation, not one that no longer fits.

When to Put a Plan in Place

Wills and Estates FAQs

  • Not usually.

    Estate planning documents such as wills and powers of attorney often have formal signing requirements, including witnessing requirements, that cannot simply be handled by email or standard e-signature tools. The right process depends on the document and the legal requirements that apply.

  • Your power of attorney should be someone you trust to make financial decisions responsibly and follow your instructions.

    That person may need to deal with banking, bills, property, or other ongoing matters, so it is important to choose someone who is reliable, practical, and willing to take on the role.

  • In some cases, yes, but it depends on the relationship and the circumstances.

    A will can reflect your wishes, but leaving someone out may raise legal or practical issues depending on who that person is and whether there is a risk of dispute. This is one of the situations where proper legal advice is especially important.

  • This is a sensitive and specific question, and it is important to deal with it carefully.

    Advance health care planning can address treatment and personal care decisions, but questions involving medically assisted dying have their own legal and medical requirements. It is best to discuss this directly so the document reflects what can and cannot be decided in advance.

  • If you die without a will, your estate is distributed according to Saskatchewan law.

    That means a fixed legal formula determines who receives what, rather than your own wishes. It can also create delays, more paperwork, and added stress for the people handling your estate.

  • An appraisal may be needed because the value of the property has to be established for the transfer or related estate and land title requirements.

    Even where ownership is passing to a surviving joint tenant, there can still be documents and valuation requirements that need to be satisfied before the transfer is completed properly.

  • This is generally obtained through the appropriate Vital Statistics process in Saskatchewan.

    It is one of the documents often needed when dealing with an estate, transferring property, or handling other matters after a death. If you are not sure what document is required, that is something we can help clarify.

  • You are not required to use a lawyer, but a properly prepared will is more likely to be clear, valid, and suited to your situation.

    This becomes more important if you have children, property, a business interest, or specific instructions you want followed. A well-drafted will helps avoid confusion, disputes, or outcomes you did not intend under Saskatchewan law.

  • A power of attorney allows someone to manage your financial affairs if you are unable to do so.

    This can include paying bills, handling accounts, or managing property. It is not just for later in life. Illness or injury can happen at any time, and having this in place allows someone you trust to step in without delay.

  • An enduring power of attorney remains valid if you lose mental capacity.

    This allows the person you appoint to continue managing your finances without interruption, which is important if ongoing decisions need to be made about property, banking, or other responsibilities.

  • Yes, in most cases.

    A will deals with what happens after you pass away. A power of attorney applies while you are still living but are unable to manage your affairs. They serve different purposes, and one does not replace the other.

  • A power of attorney covers financial and property decisions.

    A health care directive covers medical treatment and personal care decisions. Having both in place ensures the right person can step in depending on the situation.

  • It depends on the estate, but most take several months to over a year.

    The timeline is affected by the type of assets involved and how quickly information can be gathered and processed. Once those details are clear, the timeline becomes easier to estimate.

  • No, not all estates require probate.

    In Saskatchewan, probate is usually required when financial institutions or land title offices require confirmation that the executor has the authority to act. Some smaller or simpler estates may not need it, but many do.

  • Costs vary depending on how straightforward your situation is.

    A simple will is typically more predictable, while more complex situations involving multiple assets or specific instructions may require additional planning. The best way to get a clear idea is to discuss your situation directly.

  • You can, but it carries some risk.

    A will must meet specific legal requirements to be valid, and it needs to be clear enough to be followed without confusion. Errors or unclear wording can lead to delays, disputes, or parts of the will not being enforceable.

  • You should review your will after major life changes such as marriage, separation, having children, or changes in your assets.

    Even without a major event, it is a good idea to review it periodically to make sure it still reflects your current situation.

  • Your executor should be someone you trust to handle financial and administrative responsibilities. Many people choose a family member, but it is important to choose someone who is capable and willing to take on the role.

  • Yes.

    Even simple estates benefit from having clear instructions in place. Without them, delays and uncertainty are more likely. A basic plan makes things easier for the people responsible for handling your affairs.

Schedule a Consultation

If you are ready to put a plan in place, update older documents, or talk through what makes sense for your situation, we are here to help.