Estate Administration

Unintentional disinheritance of children in blended family situations

A two-part look at separation, divorce and the legal stories we leave behind Divorce and separation are tricky emotional and legal landscapes. Within estate law and real estate law, there are challenges that arise on our files. A recurring problem? When the divorce order after separation hasn't been obtained. This situation may be far more common than you might think, and it can complicate everything from a new estate plan to the sale of your new home. Unfortunately, there's

Estate administration after separation of spouses. Separation doesn’t always mean closure. Not individually, and not legally. Even after  years  of living separate and apart, if a spouse dies while still legally married, the law can treat the living spouse as a spouse of the Deceased. That treatment can create unexpected and painful complications for executors (aka " Personal Representatives " or "PRs"), children, and new partners trying to navigate estate administration. POV

In Alberta, the executor of an estate (also called the "Personal Representative" or "PR") has a legal duty to notify the people who are entitled to benefit from the estate. This is called the "Personal representative’s notice when acting without a grant". It comes from section 10(1) of Alberta's Estate Administration Act . Who receives the notice? Every person named as a beneficiary in the Will (see s.10(1)(a)) Possibly others depending on the estate. See s.10(1)) What does t

When a person passes away, some of the first questions their loved ones ask is whether the person died with a Will and whether a Grant of Probate or Grant of Administration is required. In Alberta, when a person dies without a Will, no one has authority over the deceased's estate. This is called dying intestate . The Surrogate Court grants the necessary authority and responsibility to a person, or trust company, through a Grant of Administration . The Grant of Administrati

Personal representatives ("PR") are often focused on gathering assets and paying routine bills and beneficiaries, but forgetting about taxes can create big problems...including late penalties and personal liability for the PR. When a person passes away, his/her/their taxes need to be filed with the CRA at least one last time. This is called the final return . It covers the period from January 1 of the year of death up to the date of death (i.e. New Years Day to Date of Death)

Estate planning and administration can feel overwhelming, especially if you’ve never been involved in it before. Part of the challenge is the unfamiliar language. In Alberta, some of the words you might read about have very specific legal meanings. Knowing what the words mean can make the process a little less intimidating. Estate Everything a person owns at the time of death. E.g. real estate, bank accounts, investments, cryptocurrency and other digital assets, business asse

Some of the most common things I hear from clients are: “I don’t know what the process is to get started.” "We want to keep things simple.” “We should have done this years ago.” Let me say this clearly: you’re not alone.  We are human , and we don’t often know the ins and outs of someone else’s profession or trade, and we don't often want to talk or think about our death while we're in the hustle of life. Estate planning, estate administration, and real estate law touch some