Author: Eric Lam
Difference Between Grant of Probate & Grant of Administration in Alberta
Grant of Probate VS Grant of Administration A grant of probate and a grant of administration serve similar purposes but in different circumstances. When someone dies after having written a will in Alberta, this will must usually go through a probate process in the Alberta courts before the estate of the deceased can be distributed. If someone dies without a will in Alberta, the estate cannot be distributed until a grant of administration is issued by the courts. This is an order granting the power to manage the deceased’s estate according to the intestacy laws in the province. Both [...]
Reducing Your Estate Planning Costs in Alberta
How to Manage Estate Planning Costs in Alberta Reducing Your Estate Planning Costs The costs of preparing your estate and administering it in probate can dramatically decrease the amount that is left for your beneficiaries. By working with an estate planning lawyer, you can find the rights strategies to reduce your planning costs and mitigate the expenses incurred by the estate after your death. What Are Common Estate Costs? There are several different fees that affect estates in Alberta. Each province sets its own probate fees. In Alberta, these fees are calculated as a percentage of the total value [...]
Mistakes Executors Make When Probating Estates in Alberta
An executor of a will or personal representative (as it is now termed in Alberta) carries considerable responsibilities. While it should be regarded as a great honour to be named as the individual entrusted to look after the affairs of a deceased person, it can also be a stressful time. You must carry out the last wishes of the deceased, transfer assets to beneficiaries, and sometimes deal with difficult family members. The actions of a personal representative are often closely scrutinized. You can be held personally liable for mistakes or misconduct associated with administering a will. But what [...]
How long does an executor have to settle an estate in Alberta?
Executors and Settling an Estate in Alberta Anyone appointed as a personal representative in Alberta is taking on a considerable task and responsibility. A personal representative (also known as “executor” or “executrix”) is named in a will as the individual responsible for settling an estate, i.e., disposing of the assets of a deceased person in accordance with his or her final wishes. While no two estates are the same, many executors face similar challenges: for instance, they must be patient while court and administrative processes are navigated before an estate can finally be settled. They must also act [...]
Considerations When Writing a Will in Alberta
A will is a legal document that appoints a personal representative or “executor” to administer an estate after death and communicates how the deceased would like assets to be distributed. When you write a will in Alberta, distributing your assets is just one of the decisions you must make. There are many other considerations… Contact Us Today Naming a personal representative in Alberta A personal representative is responsible for ensuring that your last wishes are carried out — transferring assets to the rightful beneficiaries, making arrangements for minor children, arranging your funeral, etc. This [...]
How to Avoid Probate in Alberta
Executors Probating Wills Without a Lawyer If you are making or administering a will in Alberta, you will likely need to address the topic of probate at some point. Probate is the process of legally validating a will and an executor’s authority to distribute the assets of the deceased. In the majority of cases, the Alberta courts must issue a grant of probate before the personal representative responsible for administering the will can perform transfers of property to beneficiaries. Because of the requirements of probate, loved ones may have to wait for their inheritance because the process can [...]
Alberta Court of Appeal Clarifies Legal Requirements of a Valid Will
Legal Requirements of a Valid Will in Alberta The tripartite legal requirements for a valid Will are set out in section 14 of Alberta’s Wills and Succession Act, SA 2010, c W-12.2 (the “WSA”). In order for a Will to be valid, it must Be made in writing, Must contain the testator’s signature that makes it apparent on the face of the document that the testator intended, by signing, to give effect to the writing in the document as the testator’s will, and The Will must be made in accordance with sections 15-17 of the WSA, which includes [...]
Intestate: Dying Without a Will in Alberta?
Most people understand the need for a will to protect loved ones after they die – but surprisingly few Albertans write a will until they enter their later years. A 2018 Angus-Reid poll found that only 35 percent of Canadians have an up-to-date will and only 51 percent have a will at all. Consequently, large numbers of people die without a will and do not get a chance to say who inherits their property. The court must decide for them – sometimes with undesirable results. Unnecessary delays, expense, and headaches may be caused for loved ones. Spouses and dependents [...]
What to Know About Alberta’s Family Property Act
The Family Property Act Just as the nature of family relationships evolves, family law must change to keep pace. One of the key legislative changes made in recent times may have gone under the radar unless you were involved in a relationship breakup since 1 January 2020. That is when the Family Property Act was introduced, replacing the Matrimonial Property Act that previously governed how property was divided when married couples were divorced in Alberta. The new Act recognizes that many couples in Alberta choose not to get married but to live together as adult interdependent partners [...]
Estate Litigation and Beneficiary Rights
Beneficiary Rights During Estate Litigation in Alberta When a loved one passes, in the aftermath, it is not uncommon for disputes to arise among family members and beneficiaries of the will. Because the administration of an estate is a legal process, the beneficiaries have legal rights and some may exercise these estate beneficiary rights in court in the event of perceived injustice. A personal representative must act honestly and in good faith, and carry out his or her fiduciary duty to all the beneficiaries named in the will. If this is perceived not to be the case [...]
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