Avoiding Probate Application in Alberta
Start Here Before you read this article, it may be helpful to review our article “When is Probate Necessary?” to get an idea of when a probate application is required. Probate avoidance from an Estate Planning perspective, i.e., when you’re still alive, deserves an article of its own, and there are many precautions that need... Read More
Probate in Alberta: Common Myths & Misconceptions
It goes without saying that there are misconceptions about various topics of all kinds. However, certain topics seem to attract more myths, urban legends and misconceptions than others. How many people do you know who don’t have a horror story to tell about a friend or relative who has had a root canal or who... Read More
Alberta Property Disputes
What is a Property Dispute? Property disputes are usually characterized by any legal dispute involving “real property.” Real property refers to buildings or structures that are affixed to a particular piece of land, that are considered “immoveable” such as a house, or a road. The land itself is also encompassed under the definition of “Real... Read More
Residential Tenancy Disputes in Alberta
How Are Residential Tenancy Disputes Dealt With in Alberta? In Alberta, landlord/tenant disputes used to be litigated through the courts, usually at great expense to both parties. However, Alberta has now implemented a program specifically for the resolution of these disputes called the Residential Tenancy Dispute Resolution Service (RTDRS). Instead of filing a civil claim,... Read More
The Enforceability of Oral Contracts
Does a Contract Have to be Written In Order to be Enforceable? No. Many people assume that a contract must be written in order for it to be legally enforceable. This is generally not true, as many verbal agreements can be legally binding as long as they meet certain conditions. There are some exceptions to... Read More
Breach of Contract in Canada
What is a Breach of Contract? When a party to a contract violates the agreement by failing to adhere to the terms of the agreement, this is called a “breach.” A breach of contract can be grounds for a lawsuit, even if the contract or agreement was oral and not written. Before commencing a lawsuit... Read More
When is Probate Necessary in Alberta?
The question I’m asked most frequently by both my Estate Planning (Wills) and Estate Administration (Probate) clients is “when is probate necessary?” Whether you’re creating an Estate plan, or have been tasked with acting as the Executor of a deceased’s Estate, it’s a question that’s worth asking. A prudent Wills & Estates lawyer will address... Read More
Probate Terminology: Defining Commonly Used Legal Terms
What is Probate? As a Wills and Estates lawyer, the two questions I’m most frequently asked are “What is probate?” and “When do I have to go through probate?”. I’m glad people ask those questions because the legal terminology that surrounds the Probate process can be difficult to understand if you don’t have a background... Read More
10 Reasons NOT to Get a Will
When I tell people I’m a Wills & Estates lawyer, the most common response I receive is something along the lines of “I need to get my Will done one of these days, I’ve been putting it off for years.” Similarly, many of my Wills clients sheepishly admit that they’ve procrastinated writing their Will for... Read More
Wills Terminology: Defining Commonly Used Legal Terms
We break down commonly-used Wills terminology you might encounter while Estate planning. Will/Last Will and Testament A “Will”, sometimes known as a “Last Will and Testament”, is a document that expresses an individual’s wishes with respect to property and dependents, should they pass away. Typically, a Will appoints someone to gather and distribute the Will-maker’s property... Read More