Removing a Personal Representative in Alberta
While a personal representative is meant to act in the best interests of the deceased and their beneficiaries, there are situations where they may not fulfill their responsibilities, leading to the need for removal. In this article, we will discuss the process of removing a personal representative in Alberta, Canada. Learn More → Mistakes Executors Make When Probating Estates in Alberta Contact Us Today What is a Personal Representative? A personal representative is someone who is appointed by a deceased individual to carry out the terms of their will. This person is responsible for managing the [...]
Selling Real Estate as an Estate Executor in Alberta
If you’re named as an executor of a will (or “personal representative” as it’s termed in Alberta), you have the responsibility to administer the estate of the deceased. This is no small undertaking as you will have a fiduciary duty to follow the terms of the will, ensure that the named beneficiaries receive their inheritance, and manage all the assets and liabilities of the estate. If property forms part of the estate, your duty as the estate executor may involve selling real estate, such as the deceased person’s home. This can introduce extra complexities into the administration process. A [...]
Protect Yourself from Elder Abuse Using a Power of Attorney
The majority of estate litigation matters in Canada centre around alleged financial abuse — either the financial abuse of elderly individuals or abuse by a personal representative when executing an estate. Sometimes, elderly individuals are at risk because they may not be able to protect themselves adequately from demands for money as they age. Other times, undue influence is claimed, usually by a family member of a deceased individual who accuses another individual of exerting undue pressure on the deceased when preparing estate planning documents like a will or power of attorney. One avenue open in such situations is [...]
Estate Planning Considerations When a Family Member Receives AISH
For many disabled people in Alberta, the Assured Income for the Several Handicapped (AISH) program offers much-needed financial support. Traditionally, however, receiving help under the AISH program has often complicated estate planning matters for many people who care for disabled people. How could they adequately plan the care of disabled children, siblings, spouses or other family members who rely on them without jeopardizing the assistance received through AISH? Estate planning usually required specialist assistance and strategic planning to take into account the AISH legislation and ensure adequate provisions were made for disabled dependents. There were often doubts about whether [...]
How to Make a Power of Attorney in Alberta
A power of attorney is an important estate planning document for many Albertans and, unlike a will, it can help protect you and your finances while you’re still alive. If you face an emergency that leaves you unable to make important financial decisions, a power of attorney authorizes an individual (or individuals) to legally make decisions on your behalf. But there are different types of power of attorney and, to be valid in Alberta, you must follow a set of guidelines when creating one. Here’s what you need to know. Contact Us Today What is a general [...]
Factors Used in Selecting a Suitable Guardian for Your Child in Alberta
Have you ever thought about what would happen to your children if you were no longer around?It’s a tough question that many couples and individuals postpone answering. However, addressing it now in a will can provide the peace of mind that if something happens to you, your children will be cared for.The best solution is to name a legal guardian in a will that is properly drafted by an estate planning lawyer.That way, you will have the assurance that a suitable person of your choosing can be authorized to take care of your children rather than requiring the Alberta family [...]
Understanding Adult Guardianship in Alberta
An adult who has been affected by illness, accident, aging, or disability may require assistance in decision making where there is a legitimate concern for the person’s welfare. In Alberta, the adult guardianship process is established by the Adult Guardianship and Trusteeship Act, S.A. 2008, c. A-4.2. Contact Us Today When is a guardian needed? An adult is presumed to have the capacity to make decisions until the contrary is determined. “Capacity”, as defined in the Adult Guardianship and Trusteeship Act, means the ability to understand information relevant to a decision and to appreciate the reasonably [...]
Understanding What per stirpes Means
Understanding What per stirpes means in Alberta Considering how important wills are, it can be frustrating for both will-makers and beneficiaries when the terminology used is confusing. There are several phrases adopted commonly in wills in Alberta that will not be immediately obvious to a will-maker and require explanation so that there are no misunderstandings. Per stirpes is one such phrase. It’s a Latin term that is pronounced “purr stir peas” and you may hear an estate planning lawyer use it as you discuss the contents of a will. Literally, it means “by branch” or “by representation” and, in [...]
What Assets are Subject to Probate in Alberta?
If you have been named as the personal representative in someone’s will, you may need to apply for probate. It is important to understand your role and responsibilities as a personal representative, what probate is, and how it is impacted by the nature of the assets in the estate. If the estate is complex, involves different types of assets, or if you are unsure about how to administer the estate, it is prudent to seek legal advice. Learn More → How to contest a will in Alberta Contact Us What is Probate? Probate is the [...]
Enduring Power of Attorney Vs. Personal Directives
Most people in Alberta know that they need to make a last will and testament at some point in their lives. But there are two other essential estate planning documents that far fewer people are either aware of or get around to creating. If a person loses mental capacity or faces a medical emergency that leaves him/her unable to make financial and healthcare decisions in the future, it can lead to considerable problems for family members. An enduring power of attorney and personal directive help decide matters that may affect a person while still alive — unlike a will, [...]
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