Choosing Your Kids As Executors – Why It Is A Mistake

We all hope that when we are gone, our family members will work together to settle our estate.  Unfortunately, our office sees many estates where the testator created a Will filled with some common problems. One of the most common problems we see is where a testator appoints all their children as their Executors.  This is a mistake. If your family members do not get along, they are not going to suddenly be able Read More

Separation is Different Then Divorce

When couples split up, the last thing they're thinking is, "What happens if I die?" Breakups are emotionally difficult times, with many hard decisions. But the ramifications of a split are magnified when the parties do not go through with a divorce. Many people think the mere act of “separating” will result in cancelling their partners in their Wills, estate plans, powers of attorney and beneficiary designations. Read More

Protecting A Different Type of Property

Estate Planning is about protecting what matters the most. Over the course of my 18 years practicing law I have come across a wide variety of property that needs to be included in our clients’ Will. Recently we had to deal with a unique type of “property”…the cryogenically frozen embryos and sperm of our clients. With cryogenic freezing, it is possible for children to be conceived well after a parent has died. Read More

New Parents and Writing A Will

Many new parents think that they should write or re-write their Wills after the birth of a child and for many couples this is the first time they have written a Will. One of the most important issue new mothers and fathers need to consider is who will be the guardian of their child if the unthinkable happens to both parents. This is not fun stuff to consider, but necessary. You do not want your family going Read More

How Long Does Probate Take In Alberta?

How Long Does Probate Take Here In Alberta? One of the most common questions we are asked is “How long does Probate take?” To “Probate a Will” means to have the court declare that the document was the deceased’s last Will and that the Executor has authority to act on closing the estate. An Application For Probate involves outlining the deceased’s assets and debts so that banks and Alberta Land Titles can Read More

How Do I Make Sure My Daughter’s Husband Does Not Receive Any Of My Estate After I Die?

How Do I Make Sure My Daughter’s Husband Does Not Receive Any Of My Estate After I Die? This sounds harsh but to be honest, we have clients ask us this all the time. If your daughter inherits money and subsequently divorces her spouse, these funds are generally exempt from a matrimonial property division. The problem occurs if your daughter inherits money and then uses these funds to pay-off the couple’s Read More

What Are The Rules For Leaving Children Out Of Your Will In Alberta?

Have you considered leaving your child or one of your children out of the property distribution in your Will?  You are not alone.  Our office deals with this question on a regular basis. Can you leave your child out of your Will?  This would depend in large part on whether the child is a minor or an adult child who can’t earn a living because of disability. In Alberta, the law states that you must support minor Read More

Can An Executor Distribute The Estate Without a Clearance Certificate From the CRA?

Can an Executor distribute the estate without a Clearance Certificate? A Clearance Certificate is a document that you receive from the Canada Revenue Agency that states that all the taxes owing on the estate have been paid. The Executor should request this certificate to ensure that the estates taxes have been paid. The concern is that the Executor may distribute the estates property to the beneficiaries and Read More

Lending or gifting money and the implications on your estate

Lending or gifting money - What are the implications on your estate plan   Sometimes our children or close family members run into a financial bind and need to borrow money. In many cases both the lender and the borrower assume that this money will be paid back quickly. But what happens if the person who is the lender, who is often an elderly parent, dies before the loan is repaid? In my experience this is Read More

What to look for when you are reviewing your own Will

Whenever we do presentations on Estate Planning in and around Edmonton, we always here the same question..."how often should someone update their Will?" There is no real answer to that question because everyone's situation is different.  What we recommend is that that you  review your Will whenever there is a change in your life, such as the birth of a child, a large inheritance, or a diagnosis of a critical Read More