So, you need a Will. Or maybe you need a Personal Directive. Or do you need both? These are questions many Canadians ask, and it's no surprise they are such common questions. After all, there are a lot of misconceptions about Personal Directives and Wills in Canada. Some people think they are the same thing, while others think one is more important than the other.

Today, we're providing you with many of those answers you're looking for. This blog post will discuss the differences between Wills and Personal Directives. We'll also cover the importance of each and other helpful details—so don't miss it!

What is a Will?

A Will is a legal document outlining your estate management and distribution wishes after your death. After someone dies, a Will appoints an executor (the person who carries out the instructions in the Will) and beneficiaries (the people who inherit from the estate). In Alberta, the term Personal Representative is used instead of executor.

You can use a Will to:

• Appoint a Personal Representative to carry out your wishes;
• Name guardians for minor children;
• Specify who you want to receive your property, possessions, and money;
• Set up trusts for your children; the Personal Representative can administrate; and
• Determining what happens to your remains after your death (i.e., cremation, burial).

While it's not a legal requirement to have a Will in Canada, it's generally a good idea to have one. Without a Will in Alberta, the Wills and Succession Act decides what happens with the distribution of your estate, which may not align with your wishes. With a Will, on the other hand, the Personal Representative is responsible for distributing the estate according to the instructions in the Will and for dealing with any debts and taxes owing.

(Learn more about the ins and outs of Will here)

It's essential to choose a Personal Representative you trust to carry out your wishes, as they will have a lot of responsibility. You should also be specific in your Will about what you want to happen to your assets. That way, there's no confusion after you die.

You can revoke or change your Will as long as you have the mental capacity to do so.

What is a Personal Directive?

A Personal Directive comes into effect when someone becomes incapacitated and can no longer make decisions for themselves. The person appointed in the Personal Directive (the "Agent") will have the legal authority to decide on the individual's behalf about personal care and welfare, including medical treatment they do or do not want to receive.

It's crucial to choose an Agent you trust implicitly and who knows your values well, as they will be making decisions on your behalf, and you may not be able to communicate yourself. It would be best if you also had a conversation with your Agent about your wishes so they are aware of what you would want in different situations.

Like a Will, you can revoke or change your Personal Directive at any time as long as you have the mental capacity to do so.

(Click here to learn more about Personal Directives in Alberta)

What is the Difference Between a Personal Directive and a Will?

A Personal Directive appoints someone to decide on your behalf if you become incapacitated. In contrast, a Will only comes into effect after you die—you do not need to choose one over the other. Instead, it's helpful to have both a Personal Directive and a Will, which covers all of your bases in the event of your death or incapacity.

Once you have them in place, be sure to review your Personal Directive and Will regularly ensure they are up to date and reflect your current wishes.

Click here to access your Will, Enduring Power of Attorney, and Personal Directive Informational Questionnaire to begin the process today.

Do you want to learn more about getting a Personal Directive, or Will? Or do you have additional questions about their differences and why each of them matters? The team at Mergen Law is here to help! We'll gladly discuss your needs with you at your convenience. Contact us today.