When someone dies, we often hear people referring to “getting probate”. An application for a grant of probate refers to the process of formally proving a deceased person’s will is valid. Once granted, an executor is formally authorized to act on behalf of a deceased person’s estate, including distributing the net assets to beneficiaries. Then […]
Read More...The holiday season can look a lot different for kids who may be experiencing their first holiday season since their parents have recently separated or are having relationship difficulties. With so much focus on the “business” of Christmas and on the problems parents are facing themselves, the fact that things are also changing for their […]
Read More...Both documents work together to allow you to appoint a decision-maker when and if you become mentally incapable. A Personal Directive sets out your wishes regarding medical decisions, end of life care, and consent for placement in long-term care, among other things. Without it, a friend or family member may have to make an application […]
Read More...There are many good reasons to attend this course. First, it is free and a great opportunity to obtain some helpful legal and practical advice early in the separation process. Second, it helps parents to develop a parenting plan or arrangement and gives parents information and tools they need to work together as parents for […]
Read More...You can if they have an Enduring Power of Attorney and a Personal Directive. Both documents work together to allow an appointment of a decision-maker when and if they become mentally incapable. A Personal Directive deals with an individual’s medical decisions, end of life care, and consent for placement in long-term care, among other things. […]
Read More...Unless you have already negotiated a hold back in your Real Estate Contract, you cannot unilaterally withhold money from the cash required to complete the purchase. Immediately ask your lawyer to request a hold back with a specific time limit and specific conditions for the completion of the roof work. If the request for a […]
Read More...Owning a Condo can be great, but before you invest, make sure to do your due diligence! The following are a few of the many things to look for before signing that contract: The Condo Board Meeting Minutes– find out what has come up at past meetings; The Condo Reserve Funds– check the financial status […]
Read More...Research shows there are three preconditions for positive change. First, something must motivate an individual to want to change. Second, a different relationship that creates psychological safety and empathy must exist (like with a divorce coach). Third, there must be optimal anxiety – the right amount of discomfort in the current situation to want to […]
Read More...Are you going through a divorce or separation? Have you heard of the Collaborative Process? The Collaborative Process is a revolutionary way of dealing with separation and divorce and offers couples an effective and dignified alternative to the traditional court process for navigating through one of life’s most challenging and emotionally charged times. If you […]
Read More...The Albert Recalculation Program can help! Since 2015, all Child Support Orders granted in Alberta must state whether or not the Child Support Recalculation Program applies to that Order. The goal of the Recalculation Program is to help parents keep child support levels in line with their incomes, so that families can avoid the time […]
Read More...Court Orders or Divorce Judgments that deal with support payments must include a MEP clause; the Court will not grant your divorce without the MEP clause. Just because there is a MEP clause in the Divorce Judgment, it does not mean you are required to register with MEP. The payee or payor has the option […]
Read More...As 2022 draws to a close, our team at GOOD LAW LLP would like to wish you, your family, and your friends health and happiness during the holiday season and in the year ahead. We also want to share with you that we are proud to announce that we have welcomed a new lawyer to […]
Read More...Under the standard real estate contract in use in Alberta, you are. However, it is negotiable and be careful if there are installment payments due after your intended sale. Special assessments are generally issued top up an inadequate reserve fund or to pay for an unexpected expense. The buyer will enjoy those benefits.
Read More...Yes, but a gift to your former spouse may or may not be revoked. If you divorced after February 1, 2012, then a gift to a former spouse is void and the rest of the will is good. This means that the terms of the will apply as though your former spouse predeceased you. If […]
Read More...Adding children’s names to property titles may add complication instead of smoothing the way on your death. Adding children can sometimes trigger unanticipated tax consequences; for example, as presumably this property would not be your children’s principal residence, unintended capital gains could be assessed. Adding more owners now could also create obstacles to your own […]
Read More...Alberta legislation requires an executor, also called a personal representative, to manage online accounts and to identify and manage digital assets. When creating an estate plan, care should be given to creating a list of all online accounts (like eBay or PayPal) and virtual property (communications like Gmail or MSN; media like iTunes, Netflix, or […]
Read More...A Real Property Report, drawn by a qualified surveyor, shows the location of all buildings and improvements on your property. You need this to get a letter or stamp of compliance from the City. And you will need to provide both of these things to the buyer if you are planning on selling your property, […]
Read More...Did you know that there are 6 Registered Collaborative Family Lawyers right here in St. Albert who are knowledgeable and specially trained to assist families moving through divorce? One of these lawyers’ superpowers is that they are skilled at working on settlement with clients and the other lawyer, rather than against them. Divorce is difficult […]
Read More...If he has an Enduring Power of Attorney (“EPA”) appointing you as his Attorney, there shouldn’t be a problem as long as the EPA states that you can sell land. It doesn’t have to refer to the address or legal description of his house specifically. Be sure the EPA is correct, because some generic on-line […]
Read More...It’s important to think about the range of options available to you right off the bat. Most people are now aware that court does not have to be where to start. Mediation is an excellent option for those wanting facilitated communication while they negotiate. For those who want guidance around options for settlement and legal […]
Read More...Divorce is one of the most difficult transitions to make and it touches every aspect of your life. I have practiced family law since 2001 and became certified as a Registered Collaborative Family Lawyer in 2002 – and I have yet to see the same divorce twice. Each person’s journey is their own; my experience […]
Read More...The answer may well be why not? However, if you have young children, do not have clear or consistent annual incomes, need assistance to determine spousal support, or were married outside of Canada, consider consulting with a lawyer before beginning the process to find out the best way to proceed. If there is a chance […]
Read More...If you have children entitled to support, both you and your spouse will have to disclose your incomes to determine the child support obligations. Your current income and your sources of income must be supplied to the Court. This information will be held in the confidence by your lawyer and your spouse’s lawyer. You cannot […]
Read More...Have you been named a personal representative (formerly called an executor) of someone’s estate? There are a number of things to be aware of and one of the first things to do when starting to administer the estate is to advertise for creditors. This draws a line in the sand for the deceased person’s creditors […]
Read More...There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: a) privacy – many personal and financial details can otherwise become part of the filed documents; b) creativity – working together offers many more options regarding […]
Read More...Consultations with a lawyer serve many purposes. It is an important way to learn more about the options for resolution available to you and lawyers have a statutory responsibility to advise you of those different process options. A consultation is also an opportunity to see if you will be a good fit to work together […]
Read More...On January 1, 2020, Alberta overhauled the law dealing with dividing property on separation for adult interdependent partners, or common-law couples. While some things are still being sorted out, unmarried couples in separation are now subject to a legislated scheme dividing their property that is very similar to that governing married couples. Couples are still […]
Read More...A child psychologist wisely said that “children are like wet cement. Everything that falls on them leaves an impression.” This reminds us that while a divorce is an ending of a marriage between two adults, it is not the end of the family relationship, nor is it possible for children to be unaffected. Divorce, like […]
Read More...Yes. You must comply with the Parenting Order. You can apply to the Court to vary or change the Order, but the onus will be on you to show that the other parent has real plans or behaviors that are inconsistent with the current public health measures. Do not take advantage of the COVID-19 situation […]
Read More...This is often discussed and is a really a matter of personal preference. However, before making your choice, make sure you are informed with accurate information and think about your objectives in having separate or joint accounts. If partners wish to maintain financial independence from one another, for example, simply keeping accounts in sole names […]
Read More...Yes, but a gift to your former spouse may or may not be revoked. If you divorced after February 1, 2012, then a gift to a former spouse is void and the rest of the will is good. This means that the terms of the will apply as though your former spouse predeceased you. If […]
Read More...We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]
Read More...We can meet with clients in person or by teleconference or videoconference, depending on the client’s circumstances. As long as the client is not quarantining or especially vulnerable to the virus, we prefer to meet at our office, in person. Proper physical distance is maintained and hands, pens, and surfaces are sanitized before and after […]
Read More...Social distancing requirements have also affected our court system and only those matters which are very urgent are currently being heard. However, many services continue to be available, like filing Consent Orders and desk applications for divorces, grants of probate and represented adult orders. In addition, our office remains open and available to assist people […]
Read More...ILA is more than a lawyer witnessing your signature; it is necessary to meet the legal requirements for a valid agreement when couples are separating, divorcing, or starting out. Your lawyer will review your agreement and your situation, ask about the negotiation, and review the financial information exchanged. Your lawyer will talk to you about […]
Read More...In making a parenting plan, consider two things: how will the authority to make parenting decisions be shared and how will the children spend time with each parent? Sole custody is rare and refers to one parent having sole authority to make major decisions. Joint custody, the more common scenario, means both parents share that […]
Read More...The answer is“yes”, as long as you do it before December 31,2019. Under new legislation, the Family Property Act which takes effect January 1, 2020, you will have to be married to each other or partners as defined under the Adult Interdependent Relationships Act. Under that Act, you either have to have lived with the […]
Read More...There seem to be two common types of do-it-yourself wills out there and both require the maker, or testator, to sign the document. The first is created using a will kit and contains a template. This one requires two witnesses to sign the will, in the testator’s presence, after the testator has signed it. The […]
Read More...While clear and regular communication with beneficiaries is always a good idea, it is also a requirement. At minimum, you are required to notify the beneficiaries of the following information: the name of the deceased person, your name and contact information, the gift the beneficiary will receive from the estate, and that gifts are subject […]
Read More...If the Divorce Judgment or separation agreement provides for the termination of spousal support after the death of the recipient, then the spousal support may end. But where the spousal support agreement provides that payments are to a specified date, are unreviewable and enure to the benefit of one’s estate, then the payor may be […]
Read More...There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce. However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]
Read More...As perceptions of the traditional family change and our definition of family broadens, new legal considerations arise, as these social changes often happen more quickly than legislative changes. The term polyamory, for example, generally describes a relationship structure where people engage in multiple relationships with multiple people at the same time, with full knowledge and […]
Read More...With a new year dawning, thoughts often turn to organization. One of the things that should be on your to do list is entering into a Cohabitation Agreement. The law in Alberta right now treats married and unmarried couples differently. This document allows you and your partner to set out your understanding about what should […]
Read More...ILA is more than a lawyer witnessing your signature; it’s necessary to meet the legal requirements for a valid agreement when couples are separating, divorcing, or starting out. Your lawyer will review your agreement and your situation with you, ask how the agreement was negotiated, and review what financial information was exchanged. Your lawyer will […]
Read More...It depends on what the condo bylaws say. If the bylaws are silent regarding deductibles, it is likely that you do not have to pay. If the bylaws impose liability on the owner in all circumstances, you are likely going to have to pay. If the bylaws say you pay only if you were negligent, […]
Read More...This first meeting with a lawyer is an opportunity to do several things. It allows you to: assess whether you and the lawyer are compatible to work together; learn about the different options and resources available to you to address your legal matter; obtain general legal advice; and create a plan for moving forward. A […]
Read More...Finding your new home in less than stellar condition does not happen often, but when it does, it’s a difficult thing to deal with. The best approach is to be proactive when you are placing your offer to purchase. Include in the terms of sale that all refuse and items not specifically included in the […]
Read More...As long as the power of attorney meets the requirements of a power of attorney in Newfoundland, states that it survives mental incapacity, meets the normal registration requirements here, references the sale of real property, and a lawyer writes a letter stating that it meets the above criteria, you may sign on behalf your husband […]
Read More...Both documents work together to allow you to appoint a decision-maker when and if you become mentally incapable. A Personal Directive sets out your wishes regarding medical decisions, end of life care, and consent for placement in long-term care, among other things. Without it, a friend or family member may have to make an application […]
Read More...If you and your spouse have equal incomes, no children and no property to divide, with some time and patience you can do it yourself. If otherwise, there are most likely issues that are legally and financially complicated. There will be issues that you didn’t even know you have to resolve. As the saying goes […]
Read More...We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]
Read More...When you made your offer to purchase, you gave your Realtor a cash deposit and perhaps a second deposit when you removed your conditions. In addition, there will be a cash shortfall requested by your lawyer. The cash shortfall is the total required to complete the purchase which will include tax and condo fee adjustments, […]
Read More...No. An agreement is binding provided that it was entered into voluntarily, with a full exchange of financial information and with independent legal advice. Having said that, agreements often contain clauses dealing with matters that must be put before the Court in order to finalize a divorce, such as matters dealing with the support and […]
Read More...The Federal Child Support Guidelines (pursuant to the Divorce Act, Canada) set out tables for each province and territory. These tables show monthly amounts to be paid for a child’s basic and everyday needs, including things like food and clothes and often (though not always) things like school supplies. When parents live in different provinces, […]
Read More...While sometimes necessary and unavoidable, going to court often creates fear around possible outcomes and polarizes family members, particularly when a relationship with children will be affected. In the lead up to going to court, negative feelings and perceptions can escalate and children witness that animosity and fear. Rather than heading down that road, choose […]
Read More...A Prenuptial Agreement is an agreement made before marriage usually to resolve issues of support and property division if the marriage ends in divorce or death. It can be entered into in contemplation of marriage but it is unenforceable until after the marriage. A Cohabitation Agreement is an agreement outlining the property and financial arrangements […]
Read More...The answer is no. There is an expectation that the buyer will receive the same appliance as was in the home when the offer was made, unless otherwise specified in the real estate purchase contract. The contract also provides that the appliance will be in good working order on the day of closing. If problems […]
Read More...A Real Property Report, drawn by a qualified surveyor, shows the location of all buildings and improvements on your property. You need this to get a letter or stamp of compliance from the City. And you will need to provide both of these things to the buyer if you are planning on selling your property, […]
Read More...Unlike the tables for child support, which are law pursuant to the Divorce Act, the Spousal Support Advisory Guidelines have never been enacted and are an informational tool only. The danger in relying on just these tables is that only some crucial considerations are addressed. The first question – what factors affect entitlement to support […]
Read More...Unless you have already negotiated a hold back in your Real Estate Contract, you cannot unilaterally withhold money from the cash required to complete the purchase. Immediately ask your lawyer to request a hold back with a specific time limit for the completion of the roof work. If the request for a hold back is […]
Read More...There are many resources available to assist people in creating their own documents. However, it is important to ensure that you are thorough and that all arrangements, including those in your will and those between partners or spouses, all work together. A lawyer is like any other expert, and he or she can offer some […]
Read More...If you plan to travel outside of Canada with your children and without the other parent, then we strongly recommend having the other parent sign a travel consent letter well in advance of your travel date. This recommendation applies whether you are divorced or married and anytime when your children are travelling with one one […]
Read More...Recent changes to estate legislation in Alberta now cause a gift in a will to a former spouse to be revoked, unless a contrary intention can be shown. However, this new rule only applies to situations where the divorce was granted after the changes were proclaimed, which happened in February 2012. If you were divorced […]
Read More...The new Estate Administration Act requires an executor, also called a personal representative, to manage online accounts and to identify and manage digital assets. When creating an estate plan, care should be given to creating a list of all online accounts (like eBay or PayPal) and virtual property (communications like Gmail or MSN; media like […]
Read More...Your lawyer and your wife’s lawyer must certify that they have given their clients, separate and apart from the other, independent legal advice. To do that properly, the lawyers must assess your financial situation thoroughly, much like a surgeon will not operate at your request without a complete examination prior to surgery. Like a surgeon, a lawyer can then […]
Read More...There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: 1. Confidentiality. Many personal and financial details can otherwise become part of the filed documents. 2. Creativity. Working together offers many more options regarding how to […]
Read More...There are no restrictions on moving to another province. However, if you have not finalized matters and if you expect that you will need to resolve matters in court rather than through negotiation, you need to consider the residency requirements in the Divorce Act. To start a divorce action, you or your ex-spouse need to […]
Read More...Yes. The Condominium Property Act gives the Court the power to make “any other order appropriate in the circumstances,” which would an include an eviction order when an owner’s conduct has been found to be improper. However, the conduct would have to be serious and the eviction might only be ordered after the condominium corporation […]
Read More...Ending a marriage is one of the most difficult things someone can face. It can throw a couple into turmoil, often bringing the whole family into chaos—at least for a time. Divorcing couples can be defensive, protective, and feel pressure to “best” the other spouse in negotiations, especially if entering into our adversarial court system, […]
Read More...Identify joint debts such as mortgages, personal loans, lines of credit, and credit cards. Joint debts will remain your responsibility even though your spouse may be willing to take them over. Your lender does not care about an agreement between you and your spouse when it comes to joint debt. The only way to get […]
Read More...Research shows there are three preconditions for positive change. First, something must motivate an individual to want to change. Second, a different relationship that provides psychological safety, empathy, and attunement must exist (like with a divorce coach). Third, there must be optimal anxiety—just the right amount of discomfort in the present to want to move […]
Read More...Recently, when discussing plans for Christmas with my family, we talked about how kids may experience the holidays when their parents have recently separated or are having relationship difficulties, which can be heightened over the holidays. With so much focus on the “business” of Christmas and on the problems parents are facing themselves, the fact […]
Read More...First, take a breath! Resist the temptation to respond immediately. Take the time to consider whether you need to respond at all, and if you do, consider trying a BIFF Response. This approach, developed by the High Conflict Institute, recommends being brief, informative, friendly, and firm. Keep it short and resist getting personal. Stick to […]
Read More...While there are many resources available to assist people in creating their own documents, it is important to ensure that you are thorough and that all arrangements, including those in your will and those between partners or spouses, all work together. A lawyer is like any other expert, in that he or she can offer […]
Read More...You are certainly welcome to meet with a lawyer to discuss your responsibilities, and whether you wish to assume that role, at any time. Having said that, so long as any urgent matters, like ensuring property is secure and that it will remain insured, have been taken care of, the rest of the estate administration […]
Read More...Depending on the circumstances, a strongly aggressive approach in family matters can bring results—though you will not control the nature of those results—and there is a huge cost to families. Sometimes a perceived need to win or to see justice be done can overcome the ability to appreciate the long term effects of a court […]
Read More...The answer to the first question is no, and to the second is yes. However, I would recommend the opposite! A codicil is a short document to which the same rules of execution apply as for wills and which must be attached to your original will setting out the changes. Codicils can create more problems […]
Read More...There is no magic age before 18. The wishes of children should be heard, but one must be extremely careful of creating a popularity contest between two parents. However, if there is no evidence of one parent trying to exclude the other, the older the child, the more likely the court will follow the wishes […]
Read More...The executor, or personal representative, is responsible to ensure that all firearms are stored legally or are properly disposed of reasonably quickly. If the firearms are unwanted, the executor may sell them to a licensed purchaser, lawfully deactivate the firearms, or surrender them to a police or firearms officer, after making arrangements to do so. […]
Read More...This is a common question we often hear from people who wish to finalize matters so arrangements can be made to marry again. Once your divorce judgment is granted, it becomes effective 31 days later. However, even though divorces by agreement can be relatively straightforward and can be submitted to the Court by way of desk […]
Read More...When someone dies, we often hear people referring to “getting probate.” An application for letters probate from the court refers to the process of formally proving a deceased person’s will is valid. An executor is then authorized to act on behalf of a deceased person’s estate, including distributing the net assets to beneficiaries. Once done, […]
Read More...The Parenting After Separation seminar is an excellent resource available to parents who are going through a separation and have children under the age of 16. This free, six-hour seminar is required to be completed before a court will grant an order dealing with parenting or supporting children. Even if you are not litigating and […]
Read More...It’s important to think about the range of options available to you right off the bat. Most people are now aware that court does not have to be where to start. Mediation is an excellent option for those wanting facilitated communication. For those who want guidance around options for settlement and legal information as they […]
Read More...Once an agreement has been drafted and is in the appropriate legal format, each of you need to see a lawyer to review your rights, your obligations, and the terms of your agreement. Before signing the certificate of independent legal advice attached to the agreement, which helps protect the agreement from later challenges, your lawyer […]
Read More...Collaborative Divorce is a respectful process for resolving conflict, with the help of specially trained lawyers and other professionals, without going to court. Each spouse is represented by his or her own lawyer from start to finish, with the additional support of helping and financial professionals as required. The spouses and professionals work cooperatively to […]
Read More...With the holiday season now behind us again, thoughts often turn to getting organized and looking toward the future. While you likely do not like to think about your own demise, it is important to think about your legacy, how you wish to be cared for should you become mentally incapable, and how you wish […]
Read More...Helping both parties places a lawyer in a conflict of interest. Each party has competing interests, even if the two are working together amicably. Lawyers are obligated to ensure that thorough advice is given independently of the other party, to discuss the alternatives and the risks associated with your agreement, and to assess whether one […]
Read More...In Alberta, the Matrimonial Property Act applies only to married people. There is a presumption of an equal division of all property acquired during the marriage (with certain exemptions). Some provinces and territories have legislation that governs unmarried people who live together in a conjugal relationship. Alberta has chosen against that so far. There is […]
Read More...There are three very good reasons to attend this seminar. First, it is free and a great opportunity to obtain some helpful legal and practical advice early in the separation process. Second, it is typically taught by a lawyer and a psychologist or social worker, and its focus will be on how best to meet […]
Read More...Traditionally, “prenups” (for married or engaged spouses) and cohabitation agreements (for unmarried partners) have had a stigma associated with them; this perception is slowly changing, and for good reason. These agreements are an excellent tool which can prevent much turmoil and conflict should the relationship break down or one spouse dies or becomes incapacitated. With […]
Read More...When someone dies, we often hear people referring to “getting probate.” An application for letters probate from the court refers to the process of formally proving a deceased person’s will is valid. An executor is then authorized to act on behalf of a deceased person’s estate, including distributing the net assets to beneficiaries. At that […]
Read More...Many people believe that the Collaborative Process works only for those who are amicable and who agree on almost all issues. In fact, this process is ideal for those cases where communication has broken down, where trust is low and where many issues remain to be resolved. Coming to agreement when people look at things […]
Read More...Recent changes to estate legislation in Alberta will now cause a gift in a will to a former spouse to be revoked, unless a contrary intention can be shown. However, this new rule only applies to situations where the divorce was granted after the changes were proclaimed, which happened in February 2012. If you were divorced before 2012, a gift […]
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