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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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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