Category: Personal Representative
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 [...]
The Effect of the New Estate Administration Act in Alberta
What we term the “New Estate Administration Act” actually came into force in Alberta in June 2015. The laws encoded in the Estate Administration Act govern the duties of administrators, executors and trustees who are tasked with managing estates. Within the Act, they are referred to as “personal representatives” of the decedent — the most commonly used term now in Alberta. As well as outlining the duties of personal representatives, the New Estate Administration Act helps to explain the rights of beneficiaries, what happens when someone dies without a will, how and when a will may be challenged [...]
Difference Between an Estate Trustee and an Executor in Alberta?
If you’re estate planning in Alberta, it’s common to hear terms like executor, trustee, and personal representative. What do these terms mean and how do they differ? Should you name an executor or trustee in your estate plan? While executors and estate trustees both play an important role in estate planning, there are important differences between the terms. Most people name an executor but an estate trustee is only necessary for some estate plans. Assistance from an estate planning lawyer is necessary to draw up the relevant documents, even though the wording in the Wills and Succession Act [...]
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