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How to Make a Power of Attorney in Alberta

A power of attorney is an important estate planning document for many Albertans and, unlike a will, it can help protect you and your finances while you’re still alive. If you face an emergency that leaves you unable to make important financial decisions, a power of attorney authorizes an individual (or individuals) to legally make decisions on your behalf. But there are different types of power of attorney and, to be valid in Alberta, you must follow a set of guidelines when creating one. Here’s what you need to know. Contact Us Today What is a general [...]

By |30/01/2023|

Factors Used in Selecting a Suitable Guardian for Your Child in Alberta

Have you ever thought about what would happen to your children if you were no longer around?It’s a tough question that many couples and individuals postpone answering. However, addressing it now in a will can provide the peace of mind that if something happens to you, your children will be cared for.The best solution is to name a legal guardian in a will that is properly drafted by an estate planning lawyer.That way, you will have the assurance that a suitable person of your choosing can be authorized to take care of your children rather than requiring the Alberta family [...]

By |26/01/2023|

Understanding Adult Guardianship in Alberta

An adult who has been affected by illness, accident, aging, or disability may require assistance in decision making where there is a legitimate concern for the person’s welfare. In Alberta, the adult guardianship process is established by the Adult Guardianship and Trusteeship Act, S.A. 2008, c. A-4.2. Contact Us Today When is a guardian needed? An adult is presumed to have the capacity to make decisions until the contrary is determined. “Capacity”, as defined in the Adult Guardianship and Trusteeship Act, means the ability to understand information relevant to a decision and to appreciate the reasonably [...]

By |02/12/2022|

Understanding What per stirpes Means

Understanding What per stirpes means in Alberta Considering how important wills are, it can be frustrating for both will-makers and beneficiaries when the terminology used is confusing. There are several phrases adopted commonly in wills in Alberta that will not be immediately obvious to a will-maker and require explanation so that there are no misunderstandings. Per stirpes is one such phrase. It’s a Latin term that is pronounced “purr stir peas” and you may hear an estate planning lawyer use it as you discuss the contents of a will. Literally, it means “by branch” or “by representation” and, in [...]

By |17/11/2022|

What Assets are Subject to Probate in Alberta?

If you have been named as the personal representative in someone’s will, you may need to apply for probate. It is important to understand your role and responsibilities as a personal representative, what probate is, and how it is impacted by the nature of the assets in the estate. If the estate is complex, involves different types of assets, or if you are unsure about how to administer the estate, it is prudent to seek legal advice. Learn More → How to contest a will in Alberta Contact Us What is Probate? Probate is the [...]

By |17/11/2022|

Enduring Power of Attorney Vs. Personal Directives

Most people in Alberta know that they need to make a last will and testament at some point in their lives. But there are two other essential estate planning documents that far fewer people are either aware of or get around to creating. If a person loses mental capacity or faces a medical emergency that leaves him/her unable to make financial and healthcare decisions in the future, it can lead to considerable problems for family members. An enduring power of attorney and personal directive help decide matters that may affect a person while still alive — unlike a will, [...]

By |31/10/2022|

How Does Separation or Divorce Affect My Estate Planning?

Separation and estate planning in Alberta The end of a marriage or common-law relationship causes changes in many important aspects of your life. It can be a period of considerable turmoil, and it is not surprising that one area people may forget to deal with is the impact of the separation or divorce on their estate planning. The end of your relationship probably means that some of the people named in your will, your personal directive or your power of attorney are no longer the people you want to be there. You may also have new people in [...]

By |03/10/2022|

Why Should I Hire an Estate Planning Lawyer?

For most of us, planning for what will happen when we pass away is something we would rather not think about. However, there are some good reasons why taking care of your estate planning now is a good idea – one that can actually give you and your loved ones some reassurance and peace of mind. The process doesn’t have to be painful, either. An experienced estate planning lawyer will know what matters need to be addressed, and can help you turn your mind to the relevant considerations. Then they can walk you through the steps of putting in [...]

By |19/09/2022|

Is an Ex-Spouse Entitled to the Deceased’s Estate in Alberta?

Making an estate plan as early as possible in life is a wise move — but it only works if you revisit your plan frequently and make the necessary changes as your life situation evolves. A divorce is one such event that can complicate many aspects of one’s life — including your estate plan. Unless you make changes to your will, for instance, there may be unintended consequences after you pass away. An ex-spouse or adult interdependent partner (AIP) could potentially claim a share of your estate, against your wishes, unless the appropriate documentation is updated. Ambiguity with estate [...]

By |08/09/2022|

Guide to the Wills and Succession Act in Alberta

Since 2012, the principal legislation governing the administration of estates in Alberta has been the Wills and Succession Act. This important document deals with a wide range of issues concerning wills, the rights of family members when there is no will, survivorship rules, and much more. If you haven’t already done so, it’s important to review your estate plan to ensure that it takes the provisions of the Wills and Succession Act into account. For people with no estate plan, it may be a good time to familiarize yourself with the main provisions in the Act and discuss your [...]

By |22/08/2022|

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