How Long Does Probate Take in Alberta?
Many people have heard of probate but aren’t quite sure what it entails. The term ‘probate’ is often used in broad reference to what we call the Estate Administration process. Estate Administration is the process of distributing a deceased’s assets upon death in accordance with their Will and Alberta Estate laws. Alberta Grants of Probate... Read More
Alberta Wills & Estates Laws Explained
It goes without saying that laws can be wordy and complicated at times, even for lawyers! For example, Canada’s Income Tax Act is over 3,000 pages long, and that’s just one law out of thousands that apply to our daily lives. That’s why most lawyers specialize in one or two particular areas of law, for... Read More
Out of Province Probate
If a loved one passes away in a different province, can the Estate be ‘probated’ in Alberta? The short answer is that it depends. Here we’ll cover some potential scenarios in this article that will give you a fuller understanding of whether you should reach out to an Alberta Wills & Estates lawyer or an... Read More
Personal Directives (Living Wills)
While you may have heard the terms ‘Personal Directive’ and ‘Living Will’ used before, you might not be entirely sure what they refer to. Both terms describe a formal legal document that appoints an Agent to make personal decisions on your behalf, including medical and healthcare decisions, in the event that you lose decision-making capacity.... Read More
Can my Lawyer Act as my Executor?
There are several important considerations that go into naming an Executor in your Will. While a potential Executor’s occupation isn’t one of the most relevant considerations, some individuals’ professions give them more background knowledge and experience with the skills and characteristics required of an Executor. It goes without saying that most practicing Alberta Wills &... Read More
Who Acts as Executor when Someone Dies Leaving a Will?
When someone dies leaving a Will, who is entitled to act as their Executor? It may seem like an elementary question at first glance. Of course, most people would assume that whoever is appointed in the Will has priority to act as Executor. In most cases, the Executor appointed in the Will is entitled to... Read More
Choosing the Right Executor: 6 Factors
Who should I appoint as the Executor (known in Alberta as a Personal Representative) of my Estate? It’s one of the fundamental considerations of Estate Planning, yet it’s not always an easy decision to make. Oftentimes, the decision is straightforward—for example, married couples typically appoint one another as their Executor. Similarly, an unmarried person may... Read More
Estate Planning for Personal Property
Personal belongings are an important consideration in a well thought out Estate plan. We tend to think about the ‘big assets’ first when Estate Planning—land, houses, investment accounts, life insurance policies, RRSPs, etc., however, it’s also important to plan for your personal property. Vehicles, jewelry, artwork, sentimental items, family heirlooms, collectibles, and other personal belongings... Read More
NC 8 Form: Affidavit of Witness to a Will
An entire article about a specific type of affidavit might seem like overkill, however, the “Affidavit of Witness to a Will”, or “NC 8 Form” is an important touchstone of Wills & Estates law in Alberta. An Affidavit of Witness to a Will is essential to both proper Estate Planning and to effective Estate Administration.... Read More
Surrogate NC Forms Explained
Some Background Information When someone dies in Alberta, their Executor, whether appointed by law or by the deceased’s Last Will, must complete what is called the Estate Administration process. I’d estimate that in at least 80% of cases, the Estate Administration process requires the Executor to apply for either a Grant of Probate or a... Read More