What is the Adult Alternative Measures Program in Alberta?

What is the Adult Alternative Measures Program in Alberta?

Being charged with a criminal offence is a very serious matter that can have lifelong implications for the charged offender. It can affect job opportunities, travel, education, and more. In the criminal justice system, the response should be proportional to the seriousness of the crime. The Adult Alternative Measures Program in Alberta has been structured to strive towards fulfilling this need.

Individuals who have been charged with a minor offence may be eligible to avoid a criminal record by completing this program as a diversion option. To learn more, and discuss how our Edmonton criminal lawyers may be able to help in your case, contact our team at Verhaeghe Law today and schedule a consultation.

Who is Eligible for the Adult Alternative Measures Program in Alberta?

The guidelines of the Adult Alternative Measures Program in Alberta stipulate that first-time adult offenders may be eligible, provided their charges are minor. A second time adult offender may likewise be eligible, provided a minimum of two years have passed since a previous finding of guilt, or since a previous participation in the Alternative Measures Program.

In certain exceptional cases, a Chief Prosecutor or designate may approve access to the Adult Alternative Measures Program to an individual who may otherwise have been ineligible. 

Because eligibility is dependent on the particular circumstances of a given case, it may be advantageous to the charged offender to work with a criminal defence lawyer who understands the Adult Alternative Measures Program in Alberta. Contact our Edmonton criminal lawyers today to discuss how we might help.

How does the Adult Alternative Measures Program Work?

In order for a charge to be withdrawn, an eligible individual must meet a series of conditions. When determining which conditions are appropriate for a given individual, the Correctional Services Division of the Ministry of Justice and Solicitor General consider:

  • their age;
  • their education enrollment status;
  • their employment status; and
  • the amount of time available in which to fulfill the conditions.

The conditions must be commensurate with the crime, and every effort should be made to ensure the victim receives full restitution, compensation, and/or other sanctions, as appropriate to the circumstances.

An Adult Alternative Measures Agreement involves the following:

  1. reporting to and being under the supervision of a probation officer;
  2. pending a victim’s consent and availability, engaging in a victim; offender reconciliation program; and
  3. meeting no more than three additional conditions, including but not limited to the following:
    1. apologizing to the victim(s) personally or in written form;
    2. performing personal service to the victim(s);
    3. performing community service;
    4. participating in community counselling or intervention program;
    5. completing an essay or poster;
    6. providing restitution, compensation, and/or a return of property to the victim(s);
    7. participating in a restorative justice program;
    8. and more.

Does Completing an Adult Alternative Measures Program Mean No Criminal Record?

Completing an Adult Alternative Measures Program in Alberta involves an accused individual “taking responsibility” for the offence, but it is not the same as pleading guilty. Through this program, there is no finding of guilt, and therefore no conviction. Upon successful completion of the program, the charges are typically withdrawn, and the accused individual does not have a criminal record.

For a year following the program, a reported entry pertaining to it will appear on any police or vulnerable sector reports. It may be possible to apply to have this entry expunged. Contact our Edmonton criminal lawyers to learn more.

Contact Our Edmonton Criminal Lawyers Today for a Consultation

Criminal charges are a serious matter. If you have been charged with a minor offence, it may be possible to accept responsibility and make amends by meeting the requirements of the Adult Alternative Measures Program in Alberta. Contact us today to schedule an appointment with our Edmonton criminal lawyers and discuss your eligibility, and how we may be of service to you.


** Please note, this article is intended as a general overview on the subject of criminal law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta criminal lawyer.

How Do You Transfer Land Title When the Owner Is Deceased?

How Do You Transfer Land Title When the Owner Is Deceased?

When a person dies, their property usually becomes the responsibility of their estate executor. It is this person’s duty to distribute or otherwise deal with the assets of the deceased in accordance with the last will and testament they have left behind. 

If the deceased person owned property, transferring land title may become part of an estate executor’s duties. To address your questions about land title or navigating estate executors’ duties in Alberta, book a consultation with our Edmonton estate administration lawyers today. We would be happy to discuss your case and see how we may be of service to you.

How Land Title is Held in Alberta

In Alberta, there are three major ways in which land title is held:

  1. Joint Tenancy, in which two or more individuals co-own the property. Most often, the co-owners are spouses.
  2. Tenancy in Common, in which two or more individuals own a certain share of interest in the property. The shares may or may not be equal.
  3. Sole Ownership, wherein one person holds sole title to the property.

In a joint tenancy, the surviving owners retain ownership of the property if the other owners pass away. If there have been two joint tenants, as is often the case, the surviving tenant automatically holds full ownership of the property, and no land title transfer is needed. Because of this, joint tenancy is often highlighted among tips on reducing your estate planning costs in Alberta.

In order to remove a deceased owner’s name from land title in a joint tenancy, you must submit a Statutory Declaration regarding Proof of Death to the Alberta Land Titles Office, alongside one of the following:

  • Vital statistics registry certificate
  • Medical examiner’s certificate
  • Funeral director’s certificate
  • Cremation certificate
  • If death occurred outside Alberta, a comparable document from relevant authority

Where the deceased held title to the property as a tenant in common, or in sole ownership, the executor of the estate must typically apply for probate in order to begin the process to change land title ownership. The process involves working with an Edmonton estate lawyer to file a copy of the will and other documents with the Court of King’s Bench. In order to ensure this process is done properly, contact our Edmonton estate administration lawyers and see how our team at Verhaeghe Law might be able to help.

The Process of Probate

Probate is a legal process by which a will is reviewed and approved by the court, and the estate executor receives the authority to distribute assets in accordance with the deceased person’s wishes. In reviewing a probate application, a judge will usually require an overview of the estate’s beneficiaries, as well as any other interested parties. The probate application usually involves an inventory of the estate’s debts and assets, as well as the executor’s plan for their management and distribution. 

A successful application for probate receives a Probate Order, which officially gives the executor the right to distribute the estate, including the transfer of any land title required.

Submitting to Alberta Land Titles Office

An estate executor can submit their Probate Order to the Alberta Land Titles Office, who will transfer the land title from the name of the deceased individual to the name of the estate executor. From there, the estate executor may transfer or sell the title. 

Often, the estate executor is also a beneficiary of the estate. This may be, for example, an adult child of the deceased. In such a circumstance, the executor may choose to retain ownership of the property. If other beneficiaries are entitled to the property, negotiations may need to take place, potentially involving a buy-out. Our Edmonton estate administration lawyers would be happy to discuss the nuances of your situation, and see how we may be of help.

Contact Our Edmonton Estate Administration Lawyers Today for a Consultation

If you are the executor of an estate in Alberta, you may be wondering how to transfer land title when the owner is deceased. At Verhaeghe Law, we prioritize efficient, compassionate service geared toward clarifying your questions and making the title transfer process as smooth as possible. Contact us today to schedule a consultation and learn how our Edmonton estate administration lawyers might make a difference for you.

** Please note, this article is intended as a general overview on the subject of estate administration law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta estate administration lawyer.

How Does Adultery Affect Your Divorce in Alberta?

How Does Adultery Affect Your Divorce in Alberta?

It is natural for the connection between partners to ebb and flow, but if one partner secretly pursues a romantic or sexual relationship with somebody else, the breach is severe. For many couples, a partner’s cheating spells the relationship’s end.

Divorce is among the most challenging adversities many people face. In addition to the highly emotional nature of a separation, individuals must navigate the division of property, the updating of important documents, and drawing up a parenting plan for any children they share with their former spouse. The presence of adultery as a reason for your separation may have particular impacts on your divorce in Alberta.

If you are separating from your partner as a result of adultery, contact our Edmonton divorce lawyers today to discuss your case, and see how we may be able to help you.

Grounds for Divorce in Alberta

In Alberta, there are three grounds on which you may be able to get a divorce: cruelty, separation, and adultery. By law, adultery is defined as a married person voluntarily engaging in sexual activity with someone who is not their spouse. In order to prove that adultery took place, the person who committed it must provide a signed affidavit, or there must be evidence (eg. photographs, videos, eyewitness testimony).

Divorce on the grounds of separation requires the two partners to live separate and apart for one year before the divorce can be granted. Cruelty and adultery may grant immediate separation.

A court may not recognize there to have been adultery if:

  • the alleged adultery did not take place;
  • one spouse encouraged the other to commit adultery in order to get divorced without a year of separation; or
  • the spouse who was cheated on has forgiven the spouse who cheated, and has agreed to continue being married.

One instance of forgiveness does not absolve the spouse who has committed adultery for future acts. If, for example, you forgive your spouse for cheating, but then they cheat again, you may still file for divorce on the grounds of adultery. 

Sometimes, in a marriage that is non-monogamous, the spouses may have an agreement that they can sleep with other people. The traditional definition of adultery may therefore not apply in such a case. However, this does not mean “anything goes”: if a spouse engages in sexual activity with someone else in a way that violates the couple’s agreement, this may be considered adultery.

While some couples believe that claiming adultery might expedite their divorce process, this may not always be the case. The preparation and scheduling of a trial may in reality take more time, money, and effort than spending a year separated before filing for divorce.

If you are wondering whether adultery is a viable grounds for divorce in your case, contact us today and schedule a consultation with our Edmonton divorce lawyers.

Adultery and the Division of Property

When a couple divorces, they must typically divide the property they acquired together. This may include a marital home, vehicles, large furniture items, as well as intangible assets such as investments and stocks.

Adultery usually has no impact on the way property is divided. Each spouse is entitled to keep the assets they owned before the marriage. Assets they bought together are often split equitably, taking into account both the financial and non-financial contributions of each spouse.

One instance in which adultery may have an effect on the division of property in a divorce is if the spouse who committed adultery spent family assets on the person with whom they had the affair. In such a case, they may be liable to their spouse for those dissipated assets. Contact our Edmonton divorce lawyers to learn more.

Adultery and Spousal or Child Support

Every parent is required to provide financial support to their children. Child support is calculated based on a number of factors, including the parents’ incomes, and how much support they are providing through day-to-day care. The goal is to provide the children with the best and most consistent care possible. Where there is a disparity in income between the parents, the higher earner will typically be required to pay more in child support, regardless of where the child resides. 

Spousal support, in which a higher-earning spouse provides ongoing financial support to their ex-partner, is intended to reduce the strain of financial hardship on a partner who may have been economically disadvantaged by the divorce. 

Both spousal and child support are built on economic considerations, and adultery typically does not play a role in a court’s decision-making. Where adultery may play a role is when decisions are being made regarding a parenting plan.

Impact on Parenting Plan

A parenting plan involves important decisions such as where a child will live, how much time they will spend with each parent, and how the parents’ decision-making responsibilities will be divided. In deciding, a court will prioritize the best interest of the child. 

What does “in the child’s best interests” really mean? The court typically takes into account the child’s specific circumstances, including their age, education, history with each parent, as well as any particular needs they might have. Adultery may be considered when the circumstances of the cheating, or the involvement of a new partner, have an impact on the children’s well-being.

Contact Our Edmonton Divorce Lawyers Today for a Consultation

Adultery is a serious transgression within a relationship. If you and your spouse are navigating the end of your marriage as a result of adultery, our Edmonton divorce lawyers may be able to help you approach the process with clarity. Contact us today to schedule an initial consultation and learn more on how we may be able to help you.


** Please note, this article is intended as a general overview on the subject of divorce law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta divorce lawyer.

How Do Relocation Rights Work in Alberta for Divorced Couples with Children?

How Do Relocation Rights Work in Alberta for Divorced Couples with Children?

When a couple with children separates, part of the divorce or separation agreement involves setting in place a parenting plan. Fundamental to what to consider when making a parenting plan, parents must settle on where the child or children will live.

Living arrangements may involve the child splitting time between both parents, or living primarily with one while frequently visiting the other, or more. Complications may arise when one of the parents decides to move far enough away that the relocation will affect the parenting schedule. Canadian law has guidelines in place to help clarify how relocation rights work in Alberta for divorced couples with children. 

Working with a legal professional may help ensure you have the information you need to make decisions. Contact our Edmonton family lawyers today to schedule a consultation, and learn how we may be of service in your particular case.

What Counts as a Relocation?

Under the Divorce Act, not every move is considered a relocation. A relocation is a move that renders the parents no longer able to maintain the agreed-upon parenting schedule. For example, if both parents have been living in Alberta, but one moves to New Brunswick, an equally split parenting schedule is likely no longer possible. 

While distance is often a factor, a move even within one city may sometimes be considered a relocation. The defining factor is that the parenting schedule is considerably impacted.

Giving Notice Regarding Relocation

If you are a divorced parent and have a court order that outlines certain parenting responsibilities under the Divorce Act, you are required to give notice regarding your plans to move. Within the notice, you must stipulate what your intentions are regarding where your child will live.

In a move that is not a relocation, such as within the same city, you must let the other parent know the date of your move, your new address, and updated contact information. 

If your move is a relocation, you are required to give the other parent at least 60 days’ notice of your move by filling out the formal Notice of Relocation. This form overviews:

  • When you will be moving
  • Your new address
  • Your new contact information
  • Your proposal on how the parenting and contact schedules may be altered in order to support the child in their ongoing relationships with their parents and/or guardians

If you are planning to relocate with your children, anyone who has parenting responsibility for said children has the right to formally object. If an Objection to Relocation has been filed, no one may relocate with the child until the court makes an order allowing the move to occur.

If you have questions regarding whether your move counts as a relocation, or would like support in filing notice and structuring a proposed change to your parenting schedule, contact our Edmonton family lawyers today to discuss your options.

Exceptions to Notice Rules

In circumstances where one parent is afraid for their and their child’s safety, an exception may be made wherein the parent does not need to give notice to the other prior to relocating. Without telling the other parent, you may apply to the court for a change of the notice rules. The court will require evidence of domestic violence, such as calls to emergency services, police reports, and/or photographs.

Following a Notice of Relocation

Under the Divorce Act, parents are expected to continue negotiating in the efforts of coming to an agreement. Considerations may involve whether it may be possible for the moving parent to stall the move until the child is older, or whether the other parent might also relocate to the same place. If the relocating parent is moving in order to live together with a new partner, might it be possible for the new partner to instead move to the parent’s location?

If the relocating parent does move, the parents are encouraged to consider ways in which the parenting time may be rebalanced to represent the previous parenting plan. For instance, the parent who is relocating might receive extra time with the child over summer break, or over holidays, or long weekends.

It can be challenging to come to an agreement with a former spouse. The support of a professional may be invaluable in providing external support through the potentially emotional flows of negotiation. Contact us today to learn more about alternative dispute resolution, and how our Edmonton family lawyers may be able to help.

Contact Our Edmonton Family Lawyers Today for a Consultation

Moving to a new jurisdiction, whether for work or personal reasons, can be a tremendously challenging decision when you share parenting responsibility of a child. As always, the best interests of the child are the priority in Canadian law. This means a relocating parent must adhere to the regulations concerning relocation under the Divorce Act. 

Whether you are a parent who is relocating, or if you are the former spouse of a parent who has told you they plan to relocate, our team of Edmonton family lawyers are here to address your questions and concerns. Contact us today to schedule a consultation and see how we may be of service to you.


** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

How to Prepare for Your First Consultation With a Divorce Lawyer

How to Prepare for Your First Consultation With a Divorce Lawyer

The end of a marriage can be a lengthy process, bearing a tremendous emotional and financial toll. From the practicalities of disentangling living arrangements and finances to planning the future of your children, there are many important decisions to be made at this emotionally volatile time.

Not only may our Edmonton divorce lawyers be able to help clarify the legal process of your separation, we may also be able to provide key guidance as to approaches that minimize your stress. Whether you are interested in alternative dispute resolution, or would like to know more on what is an uncontested divorce in Alberta, our team is happy to talk.

Rest assured, your consultation will be confidential, as will any information you share with our Edmonton divorce lawyers about your case. Contact us today to schedule a time to speak with us, and learn how we may be of service to you.

Prepare an Overview of Your Particular Circumstances

One of the first things our Edmonton divorce lawyers will ask is for you to describe your situation. The more you can prepare in advance of your first consultation, the more efficiently we may use our time together. 

Details that may be useful include:

  • The major dates of your relationship, including the date of marriage and the date you separated
  • If you are no longer living with your spouse, the date that one of you moved out of the matrimonial home
  • A breakdown of your and your spouse’s roles in managing and maintaining the household
  • Details of both your and your spouse’s careers, noting if either of you supported the other by taking a step back in your own career
  • If you have children, an overview of the relevant circumstances: how old they are, how you and your spouse have historically divided caring for them, any particular needs they may have
  • And more

Many factors may be considered when settling on the terms of a divorce. There may be spousal support ordered, and/or child support. Wondering what are the Alberta child support guidelines, or how property division might work in your case? Schedule your consultation with our Edmonton divorce lawyers today.

Prepare Copies of Important Documents

Having copies of your important documents on hand can help your Edmonton divorce lawyer better understand your case. If available, come to your first consultation with copies of the following:

  • Your marriage certificate
  • Notice of Assessments from the CRA for both yourself and your spouse, over the past three years
  • Any business or partnership agreements you or your spouse own, whether separately or jointly
  • Pay stubs for both you and your spouse
  • If there is one, your marriage contract (eg. prenuptial agreement)
  • If there is one, a separation agreement
  • Any court documents with which you and/or you spouse have been served
  • Any other documents you think may be of help

Prepare a List of Your and Your Spouse’s Assets and Liabilities

A major part of settling a divorce can be deciding how to divide property. The first step to doing so is articulating what assets you and your spouse own jointly and separately, and what liabilities may be tied to you both.

As much as possible, try to record a list of the belongings you owned prior to your marriage, the belongings your spouse owned prior to your marriage, and belongings you and your spouse purchased or received during the marriage. Take note of major gifts, as well as assets received by inheritance. 

Prepare a List of Questions

Your first consultation with an Edmonton divorce lawyer is an opportunity to address the legal questions and concerns you may have about the divorce process. It can also be important to ensure you are comfortable working with your lawyer, particularly given the sensitive personal nature of your legal matter.

Prepare a list of questions to ask your lawyer at your first consultation. Common questions include:

  • What is your experience in Alberta family law?
  • How would you approach a case like mine?
  • What is the easiest way we can resolve this case?
  • Does my case raise any concerns for you?
  • Are there actions I should or should not take?
  • What advice do you have for resolving issues relating to my children?
  • How much do you charge?
  • What do we do next?

At Verhaeghe Law, we prioritize clear, compassionate service, striving to help you understand your rights throughout the process of a divorce. Book your initial consultation with us today to learn more.

Contact Our Edmonton Divorce Lawyers Today for a Consultation

A divorce can be one of the most difficult trials a person faces in their life. Not only is it the end of a relationship, it may also be a fundamental overhaul of one’s financial, emotional, and physical circumstances. At Verhaeghe Law, our Edmonton divorce lawyers are here to help make the process as smooth as possible. Contact us today to discuss your particular case and schedule your initial consultation.

** Please note, this article is intended as a general overview on the subject of divorce law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta divorce lawyer.

What You Should Know When Getting Married Outside Canada

What You Should Know When Getting Married Outside Canada

Most marriages performed legally in another country are valid in Canada, and do not require special registration when you return. However, whether you are planning a destination wedding, or are marrying a foreign national abroad, there are certain things you should know about initiating a marriage overseas.

For information specific to your circumstances, and for insights into how you might best plan for getting married outside Canada, contact our Edmonton family lawyers and schedule a consultation today.

Validating Your Marriage in Canada

In order for your marriage to be recognized within Canada, it must have been legal in the country where the union was established. Ensure that you and your spouse follow the legal requirements of a wedding, including any relevant documentation, as specific to the jurisdiction where you are getting married.

Your marriage must also be legal by Canadian federal law. In Canada, for instance, you are not permitted to marry a close relative by blood or adoption. While some countries allow polygamous marriages, in Canada you cannot legally be married to more than one person at the same time.

One of the most common roadblocks to initiating a legal marriage is the existence of a prior marriage that has not yet been dissolved. A marriage can be ended through annulment, divorce, or death. However, some countries have different laws surrounding the termination of a marriage, which may give you trouble. If you require assistance ending a pre-existing marriage, contact our Edmonton divorce lawyers today.

What If My Marriage Is Not Legal in a Foreign Country?

Countries have different laws surrounding what constitutes a marriage. The requirements for divorce may differ, and a person who may be recognized as single in Canada may still be considered married in another jurisdiction. Likewise, same-sex marriage is legal in Canada, but many countries still do not recognize it.

If you are planning to get married outside Canada as part of a destination wedding, it may be of benefit to ensure your marriage will be legal where it takes place. Alternatively, you may choose to get legally married in Canada and perform the ceremony abroad.

If you hope to sponsor your spouse to Canada, but your marriage is not considered legal where it occurred, you may still be eligible as conjugal or common-law partners. Contact our Edmonton family lawyers today to learn more. 

How Marriage May Affect Citizenship

In some cases, marrying a citizen of another country may give you automatic citizenship in that country. Your Canadian citizenship will not be affected, and you will continue to be recognized as a Canadian citizen when you return. 

Some countries do not recognize dual citizenship, and may not recognize you as a Canadian citizen after your marriage. This may mean the Canadian consulate in that country might not be able to help you should you need aid. In some countries, a spouse may restrict their partner’s ability to travel, and may also prevent you from seeking a separation or divorce.

For considerations specific to spousal sponsorship and other immigration concerns, contact our Edmonton immigration lawyers to set up a dedicated consultation.

Documents You May Need When Getting Married Outside Canada

Local authorities in the country where you are getting married may require you to provide specific documents to prove that you meet the requirements of that jurisdiction. Required may include, in any combination:

  • Valid Canadian passport(s)
  • Birth certificates
  • Marriage search letter(s), as evidence that you are not already married
  • A single status affidavit, which is a notarized document certifying that you are single
  • Divorce certificate, if either you or your intended spouse have been previously married
  • Death certificate for a former spouse, if either you or your intended spouse are widowed
  • A certificate of non-impediment to marriage abroad, which confirms there is no objection to your intended marriage
  • Premarital blood test certificate
  • Statement of parental consent
  • And more

Contact the consulate, high commission, or embassy of the country where you will be getting married. They should be able to provide you with a list of requirements specific to being married in that country. 

Contact Our Edmonton Family Lawyers Today for a Consultation

If you are getting married outside Canada, there are specific steps you will need to take in order to ensure your union is recognized. Our Edmonton family lawyers are here to help you navigate the process from beginning to end. Contact us today to schedule your consultation and learn how we may be of service to you.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

How to Prepare for Your Personal Injury Consultation

How to Prepare for Your Personal Injury Consultation

The days and weeks following an injury can be full of uncertainty. You may require immediate medical attention, as well as follow-ups, and ongoing support as you begin your journey to recovery. As a result, you may need to take time away from work, thus potentially adding financial stress.

Depending on the nature of your circumstances, there may be compensation available to you through a personal injury claim. Money awarded in a personal injury claim may go towards offsetting the costs of medical and rehabilitative treatments, psychological care, massage therapy, lost income, and more. 

Our Edmonton personal injury lawyers would be happy to discuss your particular case. Contact us today to schedule a time to speak with us, and read on to learn how to prepare for your personal injury consultation.

Assemble Your Information

In order to make the most of your initial consultation with our Edmonton personal injury lawyers, it may benefit you to assemble your information in advance of speaking with us. We will ask you to tell us the story of your accident - how and where it occurred, what injuries resulted, and how the injuries have affected your life.

Where possible, try to assemble documents and written records that may serve as evidence of your story. These can include:

  • Medical records, especially as relevant to your accident-related injuries
  • If you were in a motor vehicle accident, an Alberta collision report form
  • Copies of any correspondence you have had with insurance companies, both your own and those of other people involved in the accident
  • Copies of any correspondence you have had with the other parties in the accident
  • Photographic and/or video evidence from the accident site, as well as your injuries
  • Statements and contact information from witnesses present at the time of the accident
  • Information concerning your employment, including where you are employed, how often and in what capacity you worked before the accident, and how this has shifted following the accident
  • Receipts of any expenses incurred as a result of your injuries (eg. medical bills, prescription medication, rehabilitative treatments, etc.)

Our priority in your initial personal injury consultation is to understand your case as clearly as possible. The more information you may be able to provide, the clearer our understanding may be. If in doubt, bring it. Contact us if you have any specific questions in advance of your consultation. 

Common Questions a Personal Injury Lawyer May Ask

As we strive to understand your circumstances, our Edmonton personal injury lawyers may ask you a series of clarifying questions. The more specific you are able to be, the better we may be able to judge how to best be of help to you.

Common questions a personal injury lawyer may ask you include:

  • How did the accident occur?
  • What physical injuries have you sustained?
  • What psychological injuries have you sustained?
  • What medical treatment have you sought?
  • Where have you sought medical treatment?
  • How did you pay for your medical treatment?
  • Do you have any private insurance coverage?
  • What ongoing pain are you experiencing as a result of your injuries?
  • What out-of-pocket expenses have you incurred for treatment of your injuries?
  • What non-medical out-of-pocket expenses have you incurred related to the accident?
  • Where are you employed?
  • How have your injuries impacted your ability to perform your regular employment duties? 
  • How have your injuries impacted your ability to perform regular day-to-day activities?
  • If your accident involved a motor vehicle, was the other party charged with a traffic offence? 

Details such as dates and times, as well as numbers (where concerning expenses, for example) may help our Edmonton personal injury lawyers provide a more informed consultation on your case. Should you choose to move forward with a personal injury claim, this information may be vital in providing evidence to support your claim. 

Prepare Your Questions

Your initial consultation with our Edmonton personal injury lawyers is an opportunity to see how we may be of service to you. Come prepared with questions, and feel free to add new ones as they arise during our conversation. It is important to choose an Edmonton personal injury lawyer you trust, and with whom you feel comfortable.

Questions you may wish to ask Edmonton personal injury lawyers include:

  • Have you handled cases such as mine in the past?
  • What have been the outcomes of cases similar to mine?
  • How much compensation might I receive?
  • How long might it take my case to settle?
  • What are your fees?
  • How do you collect your fees?

Contact Our Edmonton Personal Injury Lawyers Today for a Consultation

Compensation may be available to you if your injuries have been caused by another person’s negligent actions. Our Edmonton personal injury lawyers prioritize compassionate, efficient service. Contact us today to book a consultation and discuss the specifics of your case.

** Please note, this article is intended as a general overview on the subject of personal injury law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta personal injury lawyer.

Tips on How to Reduce Estate Planning Costs in Alberta

Tips on How to Reduce Estate Planning Costs in Alberta

Estate planning is the process of making arrangements for how your assets and obligations will be distributed after your death. It involves articulating your wishes in an important document known as the last will and testament. Having a will can help ensure you leave your loved ones with financial security as well as clear guidance as to your legacy.

Other estate planning considerations can include naming a personal directive and power of attorney, establishing a trust, and possibly more. The estate planning process comes with costs, which vary depending on a number of factors. There are steps you may be able to take in structuring your estate to reduce estate planning costs in Alberta, both for yourself and your loved ones.

Our Edmonton estate administration lawyers would be happy to discuss your questions and concerns, and see how we might help you structure a cost-effective estate plan.

The Costs of Estate Planning

In Alberta, numerous factors contribute to the costs of estate planning and administration. These can include:

  • Probate
  • Administrative fees
  • Executor compensation
  • Taxes
  • Legal fees
  • And more

Your executor - the person you designate to oversee your estate after your death - will typically need to put the will through probate. This is a process by which the will is reviewed and deemed valid, thereby giving the executor the power they need to distribute your estate. Probate fees are set on a scale commensurate with the value of the estate.

The executor typically receives compensation for their labour in administering the estate. Other administrative fees, such as preparing particular documents, may also add up.

Another major consideration for the planning of your estate in Alberta is the impact of taxes on your beneficiaries. If the sale of your estate assets accrues capital gains, for example, these will be taxed. Likewise, if you have had deferred taxes, such as through a retirement account, these may become your beneficiaries’ responsibility once your assets are liquidated.

With the assistance of our Edmonton estate administration lawyers, you may be able to make informed choices to mitigate the costs associated with planning your estate.

Planning Ahead: Your Last Will and Testament

Having a last will and testament in place is one of the most important things you can do to reduce your loved ones’ stress after you pass away. If you die without a will, known as dying intestate, your assets will be distributed according to the provisions in Alberta’s estate administration act, which may mean your heirs need to pursue costly litigation in order to access your assets.

Planning with your beneficiaries in mind may include setting up a trust for loved ones who might be under the age of 18 when you pass away. This can ensure their inheritance is safely held until a time of your choosing - perhaps once they reach the age of majority.

To learn more about what you may need for a last will and testament, and to address your questions on what are the various types of trusts available for estate planning purposes in Alberta, contact our Edmonton estate administration lawyers today.

Considerations for Strategic Tax Planning

If you wish to reduce the taxes that may possibly affect your beneficiaries in the estate administration process, you may be able to do so by making particular choices to structure your estate.

Your will may, for example, provide for a charitable donation to be made by your estate. Taxes on capital gains may also be reduced by strategizing the timing of an asset’s sale. 

During your lifetime, you may wish to make certain arrangements to streamline the inheritance process on major assets. For example, if you share property with a spouse, you may wish to establish a joint tenancy. That way, when you pass away, your spouse will automatically retain ownership of the property, with no need for probate, through right of survivorship.

Contact Our Edmonton Estate Administration Lawyers Today for a Consultation

Planning for the future of an estate can be a challenging process, and unexpected expenses can make it financially stressful. Our Edmonton estate administration lawyers are here to help address your questions and concerns at any step of the process. Contact us today to book a consultation and learn how we may be able to help.

** Please note, this article is intended as a general overview on the subject of estate administration law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta estate administration lawyer.

What Is a Conditional Sentence Order in Alberta?

What Is a Conditional Sentence Order in Alberta?

Whether you are signing your life insurance documents, organizing a trust, or preparing to write a will, you will need to decide on a beneficiary or beneficiaries. This is a key part of planning for the future, and ensuring that your assets will be distributed according to your wishes. For those looking to streamline the process of settling an estate, naming beneficiaries often features on lists of tips on how to avoid probate in Alberta.

The field of estate law involves the management of a person’s property and assets after their death, and it includes the areas of estate planning and administration, as well as the resolution of conflicts that may arise. Our Edmonton probates and wills lawyers would be happy to discuss your particular needs and see how we may be of service in helping to structure your trust, will, or more.

What is a Beneficiary?

A beneficiary is somebody who receives assets and property originally owned by somebody else. In the case of the last will and testament left by an individual who has passed away, the beneficiaries are often the person’s close family members, such as a surviving spouse, children, and/or siblings.

People have the freedom to name who they wish as a beneficiary. This can be a friend or colleague, or even a charity or other organization. What you need to provide is a means for the executor of your estate to contact the beneficiaries. 

When you name beneficiaries in your life insurance policy, RRSP, or other registered assets, those assets may go directly to your beneficiaries after your death, without ever becoming part of your estate, or being subject to probate.

What is a Contingent Beneficiary?

A contingent beneficiary is “second in line” to receive your assets after your death, or after the triggering event in the case of a trust. If the primary beneficiary is unable to receive the assets because they have died, are unreachable, or have explicitly refused the inheritance.

It is often a good idea to name a contingent beneficiary, to ensure your estate is distributed according to your wishes. Often, people will name their spouse as their primary beneficiary, and their children as their contingent beneficiaries. That way, if the spouse passes away before the assets are to be distributed, the funds will go to the children.

Considerations for Choosing Your Contingent Beneficiary

Just as you can choose whomever you like as your primary beneficiaries, so too can you choose anyone - or any entity - as your contingent beneficiary. However, there are some considerations you may wish to keep in mind.

If you choose a contingent beneficiary who is a minor, they will require a trustee to look after any funds they inherit, until they turn 18. 

You may choose a contingent beneficiary that is not a person. Some people choose to give their money to a charitable organization, for example, should their primary beneficiary not be available to receive the assets.

 

If you are excluding a potentially obvious choice of beneficiary from your will, you may wish to consult with an Edmonton probates and wills lawyer. In order to minimize the potential that your will might be challenged, it may help to include an explanation of your decision.

Another consideration is the structure of your family. If one of your children passes away before you, would you prefer their spouse to receive the inheritance, or for your remaining children to split it equally? These questions can be challenging to address on your own, but being well-informed about the possibilities of estate planning can help reduce your and your loved ones’ stress in the future. Contact our Edmonton probates and wills lawyers today to discuss your case.

What Happens if I Don’t Name a Contingent Beneficiary?

If you do not name a contingent beneficiary, and your primary beneficiary is unable to receive your assets, then your registered assets become a part of your estate and are subject to probate. If you do not name a contingent beneficiary in your will and the primary beneficiary is unavailable, then your estate may be distributed according to the Alberta Intestate Succession Act.

Contact Our Edmonton Probates and Wills Lawyers Today for a Consultation

Working with a dedicated Edmonton probates and wills lawyer can be essential to ensuring your documents are in order, and your beneficiaries clearly chosen. Whether it is the preparation of a trust or the forming of your last will and testament, or more, our team at Verhaeghe Law would be pleased to discuss your circumstances and see how we may be of service to you. Contact us today to schedule your consultation.

** Please note, this article is intended as a general overview on the subject of estate law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta probates and wills lawyer.

Common Mistakes Estate Executors Make and How to Avoid Them

Common Mistakes Estate Executors Make and How to Avoid Them

Whether you are signing your life insurance documents, organizing a trust, or preparing to write a will, you will need to decide on a beneficiary or beneficiaries. This is a key part of planning for the future, and ensuring that your assets will be distributed according to your wishes. For those looking to streamline the process of settling an estate, naming beneficiaries often features on lists of tips on how to avoid probate in Alberta.

The field of estate law involves the management of a person’s property and assets after their death, and it includes the areas of estate planning and administration, as well as the resolution of conflicts that may arise. Our Edmonton probates and wills lawyers would be happy to discuss your particular needs and see how we may be of service in helping to structure your trust, will, or more.

What is a Beneficiary?

A beneficiary is somebody who receives assets and property originally owned by somebody else. In the case of the last will and testament left by an individual who has passed away, the beneficiaries are often the person’s close family members, such as a surviving spouse, children, and/or siblings.

People have the freedom to name who they wish as a beneficiary. This can be a friend or colleague, or even a charity or other organization. What you need to provide is a means for the executor of your estate to contact the beneficiaries. 

When you name beneficiaries in your life insurance policy, RRSP, or other registered assets, those assets may go directly to your beneficiaries after your death, without ever becoming part of your estate, or being subject to probate.

What is a Contingent Beneficiary?

A contingent beneficiary is “second in line” to receive your assets after your death, or after the triggering event in the case of a trust. If the primary beneficiary is unable to receive the assets because they have died, are unreachable, or have explicitly refused the inheritance.

It is often a good idea to name a contingent beneficiary, to ensure your estate is distributed according to your wishes. Often, people will name their spouse as their primary beneficiary, and their children as their contingent beneficiaries. That way, if the spouse passes away before the assets are to be distributed, the funds will go to the children.

Considerations for Choosing Your Contingent Beneficiary

Just as you can choose whomever you like as your primary beneficiaries, so too can you choose anyone - or any entity - as your contingent beneficiary. However, there are some considerations you may wish to keep in mind.

If you choose a contingent beneficiary who is a minor, they will require a trustee to look after any funds they inherit, until they turn 18. 

You may choose a contingent beneficiary that is not a person. Some people choose to give their money to a charitable organization, for example, should their primary beneficiary not be available to receive the assets.

 

If you are excluding a potentially obvious choice of beneficiary from your will, you may wish to consult with an Edmonton probates and wills lawyer. In order to minimize the potential that your will might be challenged, it may help to include an explanation of your decision.

Another consideration is the structure of your family. If one of your children passes away before you, would you prefer their spouse to receive the inheritance, or for your remaining children to split it equally? These questions can be challenging to address on your own, but being well-informed about the possibilities of estate planning can help reduce your and your loved ones’ stress in the future. Contact our Edmonton probates and wills lawyers today to discuss your case.

What Happens if I Don’t Name a Contingent Beneficiary?

If you do not name a contingent beneficiary, and your primary beneficiary is unable to receive your assets, then your registered assets become a part of your estate and are subject to probate. If you do not name a contingent beneficiary in your will and the primary beneficiary is unavailable, then your estate may be distributed according to the Alberta Intestate Succession Act.

Contact Our Edmonton Probates and Wills Lawyers Today for a Consultation

Working with a dedicated Edmonton probates and wills lawyer can be essential to ensuring your documents are in order, and your beneficiaries clearly chosen. Whether it is the preparation of a trust or the forming of your last will and testament, or more, our team at Verhaeghe Law would be pleased to discuss your circumstances and see how we may be of service to you. Contact us today to schedule your consultation.

** Please note, this article is intended as a general overview on the subject of estate law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta probates and wills lawyer.