How Long Does Probate Take In Alberta?

How Long Does Probate Take In Alberta

A grant of probate is a court order confirming the validity of a will and the authority of the executor or personal representative to carry out the instructions of the deceased as set out in the will.

It is common for people acting as personal representatives to have many questions about probate and the process for probating a will in Alberta. Our Edmonton wills and estates lawyers can answer all of your questions relating to probate, including how long does probate take in Alberta?

Do You Need A Grant Of Probate?

Probating a will is not always necessary. As a personal representative or executor, you will need a grant of probate in order to transfer any real property that forms part of the estate of the deceased. Financial institutions may also require you to produce a grant of probate before they allow you to dispose of financial assets.

Real property that is owned in joint tenancy transfers automatically to the remaining tenant upon the death of one tenant and therefore does not form part of the deceased’s estate. Financial assets that have a named beneficiary, such as RRSPs, similarly do not form part of the estate.

If you are unsure, you can ask a financial institution if they will require you to probate the will in order to access the accounts of the deceased. Depending on the assets that the deceased owned, you may not require a grant of probate.

Even if you do not need to probate the will in order to distribute the estate, you may still need to apply for a grant if someone is challenging the validity of the will.

How Do You Probate A Will?

Applying for a grant of probate is a relatively simple process. You must:

  • fill out the appropriate application forms, which are known as the “surrogate forms”
  • publish a notice in the newspaper for those with potential claims against the estate
  • serve notice of the application on the beneficiaries named in the will and other individuals as required by law
  • file the completed forms with the court
  • wait for the court to respond to your application.

How Long Does Probate Take?

In Alberta, it can take between several weeks and several months for the court to review your application and issue a grant of probate. The court calls you when the grant is ready, you pay the appropriate fee, and then you can pick up the grant and any certified copies that you have requested.

How Long Is Too Long?

Other than waiting for a response from the court, the other part of the probate process that may take some time is gathering all the information necessary to complete the surrogate forms. It can be difficult to make a complete list of the assets and debts of the deceased if the deceased did not keep a list somewhere. However, a personal representative is expected to be able to carry out the instructions in the will within a year of the testator’s death in most cases.

If you suspect that the personal representative of a particular estate is failing to live up to their responsibilities at your expense, there are steps you can take. Contact one of our Edmonton

estate lawyers to discuss how long probate takes in Alberta and other questions relating to wills and estates.

Contact Verhaeghe Law Office’s Wills and Estates Lawyers Today For Legal Advice On Probate in Alberta

If you require legal assistance from an Edmonton wills and estates lawyer, contact our law firm to book a consultation. Verhaeghe Law Office is proud to represent clients across Alberta. Contact our team of Edmonton estate lawyers or call us today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is intended to provide a general overview of the legal topic and does not constitute legal advice. For advice regarding your legal matter, please consult with an Edmonton estate lawyer.

What Are The Roles And Responsibilities Of An Estate Trustee?

What Are The Roles And Responsibilities Of An Estate Trustee?

When an adult lacks the capacity to make their own financial decisions, the court can appoint a trustee to make those decisions on their behalf. Ideally, the trustee will be a friend or relative, but the Office of the Public Trustee can be appointed if there are no other options.

The court will try to find the least intrusive and restrictive method for offering decision-making support to a potentially vulnerable adult. Options such as supported decision-making and co-decision-making should be explored before you apply to the court for a trusteeship order. If you are new to the role of trustee, our Edmonton estate lawyers can help you understand what the roles and responsibilities of an estate trustee are.

Types Of Decisions A Trustee Can Make

A trustee can make decisions relating to:

  • the adult’s investments
  • paying the adult’s bills and living expenses
  • applying for financial benefits (such as pension or workers’ compensation benefits) on behalf of the adult.

A trustee can only sell real estate owned by the adult, including the adult’s home, with the express permission of the court.

Types Of Decisions A Trustee Cannot Make

A trustee cannot make personal decisions affecting the adult, such as decisions relating to:

  • healthcare and medical treatment
  • living arrangements
  • recreation
  • education.

If an adult requires support in these areas, the court will appoint an adult guardian. The court may appoint the same person to be both the trustee and the adult guardian of the adult in need of support.

The Responsibilities Of The Trustee

As a newly appointed trustee, you should be familiar with:

The court order and the trusteeship plan may include restrictions, requirements or permissions (such as the sale of real property) specific to your situation. The Act and regulations set out general requirements for acting as the trustee of a represented adult.

Upon appointment, you should notify the relevant institutions such as:

  • banks
  • insurance companies
  • government departments providing financial benefits to the adult
  • private pensions
  • utilities
  • Canada Revenue Agency
  • long-term care home or other residence (if applicable).

They will need a copy of the court order appointing you as trustee.

Make sure that you keep your own money separate from the represented adult’s money. Eventually, you will need to provide an account (either to the court or to the personal representative of the adult’s estate when the adult dies) of your activities as the trustee. Good bookkeeping is vital. It may be worthwhile to use a professional bookkeeper or accountant.

Details regarding your compensation (if you asked for compensation) must be set out in the trusteeship plan that was approved by the court. If you have any out-of-pocket expenses, however, you can take reimbursement directly from the estate without specific approval from the court.

Contact Verhaeghe Law Office’s Edmonton Estate Lawyers Today For Legal Advice On Estate Administration In Alberta

Our Edmonton estate lawyers can help you avoid any pitfalls as you learn about your new role. Contact us today to learn more about what the roles and responsibilities are of an estate trustee. Or give us a call today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is not intended to act as legal advice; it merely provides a general overview of the legal topic. For advice regarding your legal matter, please consult with an Edmonton estate lawyer.

An Overview Of Section 7 Of The Federal Child Support Guidelines And What Constitutes Child Support Expenses

An Overview Of Section 7 Of The Federal Child Support Guidelines And What Constitutes Child Support Expenses

The Federal Child Support Guidelines contain tables that enable families to determine an appropriate amount of base child support for their situation based on:

  • the income of the paying parent
  • the number of children
  • the province in which the children live.

This base child support amount is a starting point only. The tables do not account for certain expenses that parents might incur for their children. These special or extraordinary expenses are addressed under Section 7 of the Federal Child Support Guidelines.

Every family will have different child-related expenses. Some expenses will be covered by the base child support and others may not. Our Edmonton family lawyers can provide you with an overview of section 7 of the Federal Child Support Guidelines and help analyze what constitutes appropriate child support expenses in your situation.

How To Determine If An Expense Is Extraordinary

All special or extraordinary expenses should be both necessary (in the child’s best interests) and reasonable given the family’s financial situation.

Whether or not an expense should be included as a section 7 expense will depend on:

  • the nature of the expense and why it is incurred (for example, child care expenses incurred so a parent can work would be included, but child care expenses incurred for personal reasons would not)
  • whether the parent who incurs the expense can reasonably afford the expense (or the total expenses for the child) based on their income, including whatever base child support they receive
  • the family’s total income in relation to the expense (for example, private school tuition may be a reasonable expense for some families with a higher total income)
  • spending patterns before the separation or divorce (if an expense was incurred for a child before the parents separated, it will likely be considered a reasonable expense for that family)
  • a child’s special needs or special talents.

Common Section 7 Expenses

Expenses that parents incur that are commonly identified as extraordinary expenses include:

  • child care
  • health-related expenses such as eyeglasses, dental or orthodontic work that are not covered by insurance
  • post-secondary education
  • extracurricular activities
  • primary or secondary school education such as tuition for private school, tutoring or field trips
  • health-insurance premiums.

Calculating Your Share Of Section 7 Expenses

Who pays for section 7 expenses? Generally, these expenses are shared by the parents in proportion to their relative incomes. A good agreement relating to child support expenses will set out:

  • the expenses the parents agree are special or extraordinary
  • the approximate annual amount they intend or expect to spend on each special expense
  • who will incur the special expense and when payments must be made
  • how and when the parents will share the special expense.

In Alberta, the Maintenance Enforcement Program will enforce the payment of section 7 expenses, but court orders concerning these expenses must meet a certain level of specificity. Contact our Edmonton family law lawyers to ensure that you understand section 7 of the Federal Child Support Guidelines and what constitutes child support expenses.

Contact Verhaeghe Law Office’s Family and Divorce Lawyers Today For Legal Advice On What Constitutes Child Support Expenses

If you require legal assistance from an Edmonton family lawyer, contact our law firm to book a consultation. Our Edmonton lawyers are proud to represent clients across Alberta. Verhaeghe Law has offices in Edmonton, Athabasca, and Whitecourt making it easier for residents of Alberta to access our services. Contact us today.

*Disclaimer: Please note the content prescribed in this article is only intended to act as a general overview on a legal topic. For specific legal guidance regarding family, we recommend you consult with an Edmonton family law lawyer for legal advice, as each situation is unique.

What Is Base Child Support?

What Is Base Child Support?

In Canada, child support is divided into:

  • base child support, which is intended to go towards basic childcare expenses such as food, shelter and clothing, and
  • extraordinary expenses, to which some parents may be entitled, depending on the particular expenses they have to incur for their child. For example, medical expenses or child care expenses may be considered extraordinary.

Our Edmonton family law lawyers can help you to determine what is base child support and calculate the amounts that apply in your family’s situation.

Who Is Entitled To Base Child Support?

An adult who has the care and control of a child for the majority of the time is entitled to receive base child support from the child’s parent or parents.

How Is Base Child Support Calculated?

The Federal Child Support Guidelines and the Alberta Child Support Guidelines provide tables that are used to calculate the amount of child support that must be paid based on:

  • the number of children
  • the province in which the children live
  • the before-tax income of the parent paying child support.

The Guidelines help ensure that the child support laws are applied uniformly and fairly across the province and across the country. A court is required to make an order for child support that matches the table amount unless:

  • the paying parent earns over $150,000 per year, in which case the court may exercise some flexibility, or
  • either the receiving parent or the paying parent makes a successful claim that the table amount will cause them undue hardship.

What If The Children Live With Both Parents?

It is very common for children to spend approximately equal time with both parents. This is called shared custody. In this case, the base amount of child support is calculated for each parent and the amounts are set-off against each other, with the higher-income parent paying the difference to the parent with the lower income.

Sometimes one child lives with one parent and another child lives with the other parent. This is called split custody. In these situations, base child support is calculated for each parent using the table and the amounts owed are set-off against each other. Which parent ends up paying child support depends on the number of children who reside with each parent and the respective incomes of the parents.

How Do You Receive Child Support?

Calculating child support is fairly straight-forward in most cases. As a result, many parents are able to come to an agreement with respect to the amount of child support that one will pay to the other.

Complications may arise if the parent paying child support is self-employed, has one-time sources of income or has income that fluctuates significantly from year to year or where one parent is deliberately unemployed or underemployed. In these cases, it may be necessary to obtain a court order.

Contact Verhaeghe Law Office’s Edmonton Divorce And Family Law Lawyers Today For Legal Advice On Child Support

Our Edmonton family lawyers can help you to negotiate an agreement or apply for a court order for child support. Contact us today to learn more about what is base child support and what it means for your family. Or give us a call today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is not intended to act as legal advice; it merely provides a general overview of the legal topic. For advice regarding your legal matter, please consult with an Edmonton divorce and family law lawyer.

The Importance Of A Power Of Attorney And Personal Directive

The Importance Of A Power Of Attorney And Personal Directive

You may be aware that you should prepare a will in order to protect your family from uncertainty upon your death. But do you know that an enduring power of attorney and a personal directive are equally important?

Our Edmonton estate lawyers can help you to protect your family and will fully explain the importance of a power of attorney and personal directive, contact our team today.

Enduring Power Of Attorney

The enduring power of attorney grants a specific person the authority to make financial decisions for you. You can decide when it comes into effect (either immediately or if/when you lose capacity). Capacity, or mental capacity, means the ability to understand what property and financial obligations you have, what authority you have given to your attorney and the risks involved.

If you want your power of attorney to come into effect when you lose capacity, you must indicate who can make a written declaration that you have lost capacity (for example, your family physician). If you neglect to include such a statement, it will be necessary for your attorney to obtain written declarations from two different doctors in order to prove that you have lost capacity.

Once your power of attorney comes into effect, it continues until:

  • either you or your attorney die (you can name an alternate attorney, who can take over in the event your attorney can no longer continue to act)
  • you revoke it
  • the court cancels it or makes an order for trusteeship.

The power of attorney gives your attorney the ability to do your day-to-day banking and pay your bills. Depending on what financial interests you have, your attorney may also need to be responsible for:

  • dealing with real estate interests
  • filing tax returns and making tax-related decisions
  • dealing with a business (either keeping it running, selling it or winding it up)
  • using your financial assets to support you and your family
  • hiring and getting advice from lawyers, accountants or other professionals as necessary.

When choosing an attorney, keep in mind the extent of the job you are giving them and try to determine whether they have the time and the ability to do it well.

Personal Directive

A personal directive is similar to a power of attorney, but instead of financial matters, it covers personal matters. Your personal directive gives a specific person, known as your agent, the ability to make personal decisions for you in the event that you become unable to make them yourself. Personal decisions may include:

  • where you live
  • medical treatments and personal care that you receive
  • who cares for your minor children
  • other choices about what you do on a daily basis.

If you like, you can include specific instructions for your agent about what you would or would not wish to happen in specific circumstances, but it is not necessary.

What Happens If You Do Not Have A Power Of Attorney Or Personal Directive?

If you don’t have a power of attorney or personal directive and you lose capacity due to an illness or accident, your family may need to apply to the court to have them assign:

  • a trustee to make financial decisions, and
  • a guardian to make personal decisions.

Court applications cost money and can take time, and your family might be in a bad financial situation if they don’t have access to sufficient funds to meet all of your ongoing obligations. If you need emergency medical treatment, the hospital may ask a relative to make those decisions on your behalf and they may not ask the person you would have picked to be your agent.

Contact Verhaeghe Law Office’s Edmonton Estate Lawyers Today For Legal Advice On Estate Administration in Alberta

Verhaeghe Law Office’s team of estate lawyers are prepared to assist you with your estate administration legal matters. Book a consultation with our team of Edmonton estate lawyers today. Or give us a call by dialling (587) 410-2500.

*Disclaimer: Please note that this article provides a general overview of the legal topic, and is not intended to constitute legal advice. For legal assistance with estate administration matters, please consult an Edmonton estate lawyer.

The Differences Between A Guardian And A Trustee In Alberta

5 Benefits Of A Prenuptial Agreement

Whether due to illness or injury, it is not uncommon to have a family member who becomes incapable of making all of their own decisions. This can range from needing a little bit of help making sure they remember to pay their bills, to requiring someone to decide when to sell their home and move them into a care facility.

The person’s needs will dictate whether they need a guardian, a trustee or both. Our Edmonton estate lawyers can answer any questions you have regarding the differences between a guardian and a trustee in Alberta.

What Is A Guardian?

The term guardian can refer to an adult who has the care of a minor child. An adult guardianship, however, is when an adult has the authority to make personal decisions for another adult who lacks the capacity to make those decisions for themselves.

What Is A Trustee?

A trustee is a person who has been assigned to make financial decisions for an adult who lacks the capacity to make their own decisions. A trustee is often a friend or relative of the vulnerable person, but a trust company or the public trustee may be assigned if there is no friend or relative willing to take on the task, or if the person’s financial situation is particularly complicated.

How Are Guardians And Trustees Assigned?

A court must assign either a guardian or a trustee. Sometimes a person will require both and the court can assign a different person to each role, or one person to perform both functions.

In order to apply to the court for a trusteeship order, a capacity assessment must be completed by a specified healthcare professional. The court will also want to see a background check on any proposed trustees. The entire process of obtaining a trusteeship or guardianship order takes about six months.

If there is an urgent financial matter that needs to be dealt with, the Office of the Public Guardian and Trustee may be able to help by obtaining a temporary trusteeship or guardianship on a short-term basis or an order to deal with a specific problem.

What Are The Powers Of Guardians And Trustees?

A guardian can only make personal decisions for the person in question. They can make decisions about where the person will live, who they will interact with, and make decisions related to healthcare, education and recreation.

A trustee can only make decisions about a person’s finances. They can help pay bills, manage investments and apply for pension or disability benefits on the person’s behalf. The trustee must have express permission from the court in order to sell the person’s home or any other real estate.

What Is A Review Of A Guardianship Or Trusteeship?

A trusteeship can be reviewed by the court. This can be done at the request of the trustee or a concerned party. A trusteeship order may come with a predetermined review date or a deadline for examination and approval of the trusteeship accounts, which means that the court wants the opportunity to examine the records that the trustee has been keeping to make sure they are doing a good job.

An adult guardianship can also be reviewed. A review date may be built into the guardianship order or a review may become necessary if the adult under guardianship has a change in capacity (requiring more or less support) or their needs change for some other reason.

Can You Avoid The Need To Have A Guardian Or Trustee Assigned?

A person with a personal directive does not need to have an adult guardian assigned by the court. Similarly, a person with an enduring power of attorney will not need a trustee, provided the enduring power of attorney does not come to an end when the person loses decision-making capacity. Our lawyers can help you distinguish the differences between a guardian and a trustee in Alberta. Contact our team today for more information.

Contact Verhaeghe Law Office’s Edmonton Estate Lawyers Today For Legal Advice On Estate Administration in Alberta

If you require legal assistance from an Edmonton estate lawyer, contact our law firm to book a consultation. Our lawyers are proud to represent clients across Alberta. You can schedule a consultation today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is intended to act as a general overview of a legal topic, and is not intended to constitute legal advice. For legal assistance with estate matters, please consult an Edmonton estate lawyer.

5 Ways To Avoid Estate Litigation Down The Road

5 Ways To Avoid Estate Litigation Down the Road

You know that you need a will in order to protect your family. But, even with a will, estate litigation has the potential to quickly eat through whatever legacy you plan to leave your family. Once you are gone, you no longer have control over your estate, but there are ways to mitigate the risks. Talk to one of our Edmonton estate lawyers to learn how to protect your family, book a consultation today. Here are 5 ways to avoid estate litigation down the road in Alberta:

1. Talk To Your Family About Your Wishes

Telling your family members how you want your estate dealt with when you die can avoid many problems. Communication can help to manage everyone’s expectations. If no one is surprised or disappointed when it is time to divide your property, then litigation is less likely to occur.

It is also a good idea to tell your family who you want to be the executor of your estate. That way, if the person you want to name doesn’t intend to accept the responsibility, they can tell you ahead of time, avoiding any need for the court to assign someone else.

2. Consider Making Any Potentially Controversial Gifts During Your Lifetime

In a situation where you have spoken to your family about your intentions for your estate and they have voiced an objection to a specific gift you intend to make, there are ways to ensure that you can still distribute your estate as you want while avoiding litigation down the road. An obvious way would be to gift the item or funds to the recipient immediately, during your lifetime. Just make sure that the gift is documented in some way, so that no one else can make any claims against the gift later.

If making the gift during your lifetime is not possible or practical, there may be other legal instruments, such as a trust, that will achieve your particular objectives. Speak to your Edmonton estate lawyer about your options.

3. Understand Your Legal Obligations To Your Family

One of the most common objections to property division in a will is that it fails to meet the testator’s obligations to family members. This may be of particular concern if you have been married more than once, currently pay spousal support or child support, or have children who are still considered dependent on you. If you fail to adequately provide for a dependent family member in your will, the court can make an order for their adequate support and maintenance from your estate.

Your estate lawyer will ensure that you meet all of the obligations to family members set out in the Wills and Succession Act.

4. Leave Specific Instructions For Dealing With Sentimental Or Personal Items

Conflict between family members can be avoided by including in your will a mechanism for distributing personal property or by gifting specific items to specific family members. If you’re not sure whether there is a specific item that might cause conflict after you are gone, ask your family what items they specifically want.

5. Have A Lawyer Prepare Your Will

The best way to avoid estate litigation is to have an Edmonton estate lawyer prepare your will and ensure that you update it periodically. Your lawyer will help you avoid all the pitfalls mentioned here and more.

Contact Verhaeghe Law Office’s Edmonton Estate Lawyers Today For Legal Advice

Our Edmonton estate lawyers are prepared to assist you with estate matters. Contact us today to learn more about wills and estates and how your family could be impacted. Book a consultation or give us a call today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is not intended to act as legal advice; it merely provides a general overview of the legal topic. For advice regarding your legal matter, please consult with an Edmonton estate lawyer.

5 Benefits Of A Prenuptial Agreement

5 Benefits Of A Prenuptial Agreement

A prenuptial agreement is written by two people in contemplation of their marriage and can govern:

  • how they will deal with their family finances during their relationship
  • how their property will be distributed at the end of the relationship (in the event of a separation or upon the death of one spouse)
  • spousal and child support in the event of a separation.

A prenuptial agreement cannot deal with issues of child guardianship or parenting responsibilities.

The best time to negotiate a contract relating to your relationship is when your relationship is in a good place, which makes a prenuptial agreement an excellent option. Our family lawyers are ready to help you determine if a prenuptial agreement is right for you, book a consultation today.

Here Are 5 Benefits To A Prenuptial Agreement:

1. Protect Your Business

A divorce or separation can have a devastating impact on a business owned by one of the spouses, if you are not prepared. A prenuptial agreement can be used to ensure that your business is not financially impacted by a divorce.

2. Protect Your Children From A Previous Relationship

If you were previously married, you may have spousal or child support obligations that must be accounted for both during your new marriage and after it ends. You may have specific assets that you want to preserve for a child from your first marriage. You definitely want to ensure that your property is divided according to your wishes upon your death and that all of your dependents are provided for. A prenuptial agreement can help to accomplish all of that.

3. Protect Yourself And Your Spouse

A prenuptial agreement can protect both spouses, particularly when there is a significant disparity between their financial situations. Many people assume that a prenuptial agreement is used to protect the spouse with the most property from having to share those assets in the event of a divorce, but it can be used to protect both spouses by:

  • providing an allowance for the spouse with the weaker financial situation during the relationship
  • stipulate that the parties will divide their financial obligations in such a way that enables the spouse with the weaker financial situation to save for their future
  • providing for a fair division of assets in the event of a separation
  • providing for spousal support for the spouse with the weaker financial situation in the event of a separation.

4. Give Both Spouses The Security To Leave A Marriage If They Want Or Need To

By taking away the financial uncertainty typical of the end of a relationship, you give both yourself and your spouse the freedom and security to end the marriage in the event that it goes bad. Staying in a marriage that is no longer functioning for strictly financial reasons can be harmful to the mental health of everyone involved, in particular any children that you might have. A prenuptial agreement can give you and your spouse the ability to make the best decision for your family at the time, without basing that decision on finances.

5. Avoid Many Of The Potential Financial And Emotional Impacts Of Divorce

Deciding to get a divorce can be a huge risk, both financially and emotionally. A prenuptial agreement can be used to mitigate many of these risks by avoiding financially draining legal fees associated with litigation or protracted negotiation at the end of a relationship, when feelings are high.

Contact Verhaeghe Law Office’s Edmonton Family Lawyers Today For Legal Advice

For more information regarding the benefits of a prenuptial agreement, contact our Edmonton family law team. Book a consultation, or give us a call by dialling (587) 410-2500.

*Disclaimer: Important to note that this article merely provides a general overview of the legal topic, and is not intended to constitute legal advice. For legal assistance with family law matters, please consult an Edmonton family lawyer.

Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

You do not need your spouse’s agreement in order to get divorced. If your spouse does not want a divorce, you are unable to file for a joint divorce, but there are other options available to you.

The best course of action for you and your family may depend on your particular circumstances. One of our Edmonton divorce lawyers would be happy to advise you with respect to the best way to proceed with a divorce, even if your spouse doesn’t want one.

Who Can Get A Divorce In Alberta?

In order to qualify for a divorce, spouses must be legally married. It is fine if you were married in another province or country, as long as either you or your spouse has lived in Alberta for at least one year at the time you apply for your divorce. If you were never legally married, you do not need a divorce.

In Canada, there are three “grounds,” or reasons, for a court to grant a divorce:

  • the spouses have been separated for one year,
  • adultery,
  • cruelty.

Living separately for one year is by far the most commonly pleaded ground of divorce. You and your spouse may continue to live in the same house after your separation for practical or financial reasons and still be considered separated for the purpose of obtaining a divorce.

Adultery or cruelty can be much more difficult to prove, especially without the cooperation of your spouse. If you wish to pursue one of these options, contact one of our Edmonton divorce lawyers as soon as possible.

How Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

How you proceed with a divorce will depend on what other issues need to be resolved and whether or not you and your spouse have children. A court will not grant a divorce until all issues related to custody, parenting arrangements and child support have been decided.

If you and your spouse have a written agreement with respect to all other issues arising from your separation, you can apply for an uncontested divorce. If you need the court to make a decision with respect to the division of family property, support, custody or parenting, then you can start an action that asks for the relief you need as well as a divorce.

If your spouse doesn’t want a divorce but is amenable to working out all the other issues, you may be able to come to an agreement using some form of Alternative Dispute Resolution, which may enable you to avoid going to court.

What Is An Uncontested Divorce? 

An uncontested divorce can enable you to get a divorce through a relatively simple process if you qualify. The basic steps are as follows:

  • fill out the required forms and file them at the courthouse,
  • have a copy of the forms served on your spouse,
  • file a request for divorce form and the required supporting documents,
  • wait for your divorce order.

Contact Our Edmonton Divorce Lawyers Today For Legal Help

Can I get a divorce even if my spouse doesn’t want a divorce? Of course, you can! Allow one of our Edmonton divorce lawyers to walk you through the process and help you determine whether you qualify for an uncontested divorce. Book a consultation with one of our Edmonton divorce lawyers or call us today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is not intended to act as legal advice. For legal assistance with divorce matters, please consult an Edmonton divorce lawyer.

Tips On How To Reduce Your Estate Planning Costs In Alberta

Five Benefits Of Alternative Dispute Resolution For Divorces In Alberta

Does estate planning involve more than just preparing a will? A will is an important document that allows you to direct what happens to your property when you pass. Without one, you may be leaving your loved ones without the financial security they deserve. But estate planning doesn’t end with a will.  

In Alberta, it is important to have a personal directive, which assigns a person you trust to make personal decisions on your behalf in the event that you become unable to do so due to illness or injury. You should also have an enduring power of attorney, which assigns a person you trust to make financial decisions on your behalf. Like the personal directive, it only comes into effect if you become unable to make your own decisions.

While a will, a personal directive and an enduring power of attorney are the three key documents you need to plan your estate, many people choose to put extra protection in place for their family. One of our Edmonton estate lawyers can help you determine what steps you ought to take to complete your estate planning.

Typical Estate Planning Costs

Legal fees are the main estate planning cost. This cost can vary depending on the lawyer, the complexity of the estate and a variety of other factors.

In addition, many people choose to transfer property into joint tenancy with their intended beneficiary so that the property flows automatically rather than needing to go through the estate. While this strategy has its advantages, it comes with additional costs such as land transfer tax.

Many people choose to plan and pay for their funeral costs in advance. This can relieve your relatives of both stress and financial difficulty during an already painful time.

Minimize Your Estate Planning Costs

Some people may tell you that you can reduce your estate planning costs by writing a will yourself or using a will kit but there are significant risks involved with these strategies. You are an individual with a unique life. Even if you suspect your estate is relatively simple, it still pays to have a lawyer involved in the process of estate planning.

Tips on how to reduce your estate planning costs in Alberta while protecting your future beneficiaries include:

  • inquiring with your lawyer about flat rates for the preparation of key documents (such as wills, personal directives and enduring powers of attorney)
  • being organized and having all the information you need for the preparation of your documents readily available for your lawyer
  • not leaving your estate planning to the last minute (a rush job may end up costing you more in fees and you run the risk of missing something)
  • communicate with your family first to avoid having to prepare documents twice or fix mistakes (check with anyone you intend to assign as a personal representative or guardian of a minor child to make sure that they are willing to accept these roles).

Contact Our Edmonton Estate Lawyers Today For Legal Help

 

It is possible to balance your need to minimize estate planning costs with your need to ensure your family is protected. The expenses you pay to organize your affairs today can ensure your family’s financial security after you are gone.  Contact our team of Edmonton estate lawyers or call us today by dialling (587) 410-2500 to discuss how to reduce your estate planning costs in Alberta. 

 

*Disclaimer: Please note that this article is intended to provide a general overview of the legal topic and does not constitute legal advice. For advice regarding your legal matter, please consult with an Edmonton estate lawyer.