Are there any special considerations that go into estate planning for gay and lesbian couples? (1)

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Frequently Asked Questions
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• Are there any special considerations that go
  into estate planning for gay and lesbian couples?

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• 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.

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• On the other hand, a couple with adult
• children will typically appoint one or
• More of the children as alternate representatives.

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

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• 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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