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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 ability to sell the property (in the rare situation where children oppose such a sale). In addition, if you have significant financial assets aside from property, your estate will require an application for probate or administration in any event. There are all things to think about before changing ownership. Discuss this question with your accountant, too, as they would be more knowledgeable with respect to those tax implications. If you have questions about your estate plan, please contact us.

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 your rights and obligations - and those of your partner - as well as confirm your understanding of the agreement’s terms. Finally, your lawyer will explore other settlement options with you and advise of the risks (or benefits) of accepting or renegotiating the agreement or taking your situation before a court. ILA takes time and often requires more than one meeting. The cost will depend on whether there is missing information or changes needed. Upon doing these things and your lawyer being satisfied that you are acting voluntarily, he or she may decide to sign the ILA certificate.

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 you divorced before February 1, 2012, then a gift to a former spouse is still valid. If you would like to leave a gift to your former spouse in your Will, it is important to use wording that acknowledges that you want to do that, notwithstanding what the law says; this contrary intention will ensure the gift is not void. These rules still cause confusion, so if you are divorcing, ensure you review your will and get legal advice about your estate plan.

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 our firm: Michelle Roe, previously practicing in St. Albert for a number of years, has come on board and can assist you with real estate, as well as family and wills and estates matters, including those that may require litigation.  We look forward to working with you in the new year. Merry Christmas!

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.

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 to register the Divorce Judgment now or at a later date, if they wish. If support is being paid per the Divorce Judgment, the parties may decide to hold off on registering with MEP. If there are ever issues with missed or late support payments from the payor, then registering with MEP may be useful. If you decide to register with MEP, a file is created and payments made or outstanding are recorded. This can be useful for both the payor and the payee. For more information, click here or consult a family lawyer.

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 and expense of going to court to review their Child Support Orders. Either parent can register for the Program. Once registered, each parent will provide the Program with their income on a yearly basis. There are consequences if a parent does not provide their income to the Program. For more information go to https://www.alberta.ca/rp-how-it-works.aspx . If the Child Support Recalculation Program does not apply to your Child Support Order, contact us at GOOD LAW at (780) 459-0133 to find out 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 are wanting to proceed with the Collaborative Process or are looking to find out information about the Collaborative Process, call us and we can book a FREE 5-minute call with one of our specially trained Registered Collaborative Family Lawyers. The purpose of the call is to give you an overview of the Collaborative Process, explain the service we provide and help you decide if it’s a right fit for you and your spouse.

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 move forward, without being paralyzed in place. When supporting someone you know or if you yourself are going through divorce, these factors are important to keep in mind. The Collaborative Process uses specially trained lawyers and other professionals like coaches and family specialists, who recognize the importance of seeing divorce more holistically and who can help you to make positive change happen, looking to the future well-being of you and your children. For more information on the Collaborative Process, please visit our website or contact us.

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 of the Condo Association/Corporation; Check the Bylaws- g. is the size of your pet going to be an issue; The Estoppel Certificate- to find out what the current condo fees and payment schedule are and whether there are any special levies is; The Condo Association’s Budget and Financial Statements - find out what the Condo Association/Corporation is spending their budget on. If after reviewing the above and any other documents and you have concerns or don’t understand, ASK QUESTIONS!