Can I have more than one domicile?

While Foote Estate (Re) is no longer a recent decision, its implications on Alberta estate law are worth commenting on. At issue in Foote Estate was whether the deceased testator of a sizable estate was domiciled in Alberta, British Columbia or Norfolk Island. ‘Domiciled’ means being a lawful permanent resident in a particular jurisdiction. Domicile...
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The Rise of OPCA Litigation in Alberta Courts

Organized Pseudo-legal Commercial Arguments OPCA litigation is a fairly recent phenomenon associated with the rise of anti-society political ideologies and sovereign citizen movements such as “Freemen on the Land”, “Guardians of the Free Republics”, “Sovereign Citizens” and “Detaxers”. The term “OPCA” stands for Organized Pseudo-legal Commercial Arguments.  The OPCA label was developed by Associate Chief...
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Writing Your Own Will

Should I write my own Will? Perhaps you wish to save money on lawyer’s costs by writing your own will. You have two options. First, you can use an Alberta will kit, consisting of a fillable form will or you can write and sign your own will. When you write your own will it’s called...
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Alberta Probate Process Explained

What is a Grant of Probate in Alberta? A grant of probate is a document signed by a Justice of the Court of Queen’s Bench of Alberta, confirming the validity of a deceased’s last Will and affirming the Executor’s authority to distribute the deceased’s assets pursuant to that Will. The grant allows the personal representative...
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How Often Should You Update Your Will?

The short answer is that you should update your will every 5 years or when something significant happens in your life such as divorce, marriage, death, birth, financial changes or sudden windfalls.  Typically, a person’s circumstances change enough in a 5-year period that their will needs updating. Perhaps you and your partner have a child...
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Why do I need a Real Estate Lawyer?

Along with your realtor, lender representative and mortgage broker, real estate lawyers fulfill an essential role in closing your real estate transaction. Whether it’s a purchase, sale, re-finance or real estate contract review, a reputable real estate lawyer will ensure that your interests are protected as you enter into legally binding commitments with lenders, insurers,...
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