As a lawyer who not only practices in the areas of estates and family law but also acts as a Mediator/Arbitrator, this article may appear somewhat self-serving; however, the following reasons are worth considering.
Our Family and Estate Law clients who approach us looking for a way to preserve assets through a Pre-nuptial Agreement - particularly those who have a high net worth - will often generate a complimentary Estate Plan that makes appropriate provision for their spouse and children through their Will. A pre-nuptial Agreement dealing with one's assets mitigates the negative consequences of a separation or divorce during one's life. A wisely drafted Will can provide similar benefits to one's Estate after death.
In February, 2012, the Alberta government proclaimed the Wills and Succession Act. This legislation replaced a patchwork of previous legislation. It also made significant changes to well established practices in the area of Estate law and Matrimonial law. Anyone who is now separated or anticipates becoming separated (whether in a married or a "common-law" relationship) should seek advice about the impact of the Wills and Succession Act.