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
Personal Representative (Executor) Responsibilities
If you’ve been appointed as an Estate Executor, or Personal Representative, for the first time, it can be daunting to know where to start. The deceased may have left behind a house, bank accounts, RRSPs, investments, bonds, stocks, personal belongings, and other possessions that you’re now responsible for. As the Estate’s Executor, you’re also responsible... Read More
Navigating Workplace Accommodations: Common Questions from Employers
This article will look at two of the most common questions that arise when Alberta employers are attempting to fulfill their duty to accommodate pursuant to the Alberta Human Rights Act. Is the duty to accommodate in Alberta triggered even when an employee has not formally disclosed a disability or need for accommodations? The duty... Read More
Severance Review
Why Do I Need a Severance Review in Alberta? In Alberta, employees are entitled to the minimum amount of notice or pay in lieu of notice under the Employment Standards Code. This is generally referred to as “termination pay.” In addition to these minimums, an employee may be entitled to further compensation pursuant to the... Read More
Termination for Cause in Alberta
What is “Just-Cause” Termination in Alberta? An employee may be terminated for cause if the employer has proof that the employee has engaged in conduct which is serious or egregious enough to undermine the entire employment relationship between the parties. In short, the employer must have proof that the employee’s conduct constituted a “fundamental breach”... Read More
Without Cause Termination in Alberta
What Does It Mean to Be Terminated “Without Cause” in Alberta? When an employee is terminated without cause, it means they are being let go for a reason other than serious workplace misconduct (which would likely qualify as a “for cause” termination). Reasons behind “without cause” termination can include things such as company restructuring, cost-saving... Read More