What to Do if You’ve Been Accused of a Crime in Alberta

If you have been accused of a crime in Alberta, the first thing you should do is stay calm. The criminal justice system is intimidating, particularly if you have never been exposed to it before, but help is available!

One of our Edmonton criminal lawyers can provide you with more information on what to do if you've been accused of a crime in Alberta.

Basic procedures

If you are arrested and charged with a crime, you will appear before a judge or justice of the peace for a bail hearing. At this hearing, the judge will decide if you will be released until your trial or if you must remain in custody. Generally, you will be released unless the judge has reason to believe you will not return to court for your trial, you are a danger to the public, or the public will lose faith in the justice system if you are released.

There may be conditions attached to your release. For example, you may be told that you cannot contact a specified person, you may be required to live in a specified place, or you may have to pay money into court as a guarantee that you will attend your trial. These conditions are mandatory, and if you do not comply with them, you will end up in custody pending your trial. If you have concerns about your ability to comply with the conditions of your release, contact a lawyer immediately.

When you are released, you will be told when and where to attend your "First Appearance." At this court appearance, you may be asked to enter a plea (guilty or not guilty) and depending on what offence you have been charged with, you may be asked to make an election about which court will hear your trial and whether you wish to proceed in front of a judge alone or a judge and jury. This option is not available for every charge.

If you plead not guilty, the judge will set your trial date. If you elect to proceed in front of the Court of Queen's Bench, a preliminary hearing is scheduled in front of a provincial court judge to determine if there is enough evidence to send the matter to trial.

If you plead guilty, the judge will determine the appropriate sentence.

At your trial, it is the Crown prosecutor's job to prove that you are guilty. If they succeed, the judge will determine an appropriate sentence. Depending on the charge, the sentence may include:

• - fines
• - jail time
• - probation
• - weapons prohibitions
• - loss of driver's licence
• - seizure of property.

How to obtain a lawyer

If you intend to hire a lawyer, do so as soon as possible! Your lawyer needs time to prepare for any court appearance. Your lawyer may also have commitments that conflict with your appearance or trial dates, so it is best if you hire your lawyer before those dates are set. If you wait until the last minute to hire a lawyer, there is no guarantee that a judge will agree to adjourn your trial to accommodate your lawyer's schedule or to allow them more time to prepare.

Contact our Edmonton Criminal Lawyers Today For a Consultation

Our Edmonton criminal lawyers have experience defending people facing a wide variety of criminal charges. Let us help walk you through what to do if you've been accused of a crime in Alberta. Contact us today!

*The information in this article is intended as a general overview on the subject of criminal law and does not constitute legal advice. If you are in need of legal advice, please speak with a lawyer.

What to Know About Your Rights As a Landlord

In Alberta, the Residential Tenancy Act sets out the respective rights and responsibilities of landlords and tenants. As a landlord, having an understanding of your rights and how to enforce them when necessary is the key to making a profit from your rental property.

Our Edmonton real estate lawyers can provide you with any additional information that you need to know about your rights as a landlord.

Increasing the rent

In Alberta, the landlord can only increase the rent for an existing tenant in accordance with the limits set out in the Act. Rent can only be increased a maximum of once per year and the required notice must be provided to the tenant. In Alberta, there are no limits on the amount by which the rent is increased.

A landlord can require a tenant to provide a security deposit of a maximum of one month's rent. The security deposit cannot be increased at any point during the tenancy, even if the rent is increased at some point. Additional refundable fees are not permitted, but the landlord and tenant may agree to the payment of additional non-refundable fees. For example, some landlords will charge a one-time, non-refundable fee for tenants who choose to keep a pet on the rental premises. This fee can be used to cover additional cleaning requirements that may be attributed to tenants with pets. A non-refundable fee is not subject to the security deposit restrictions.

Accessing the rental premises

The landlord has the right to enter the rental premises in particular circumstances, including:

• - any time, with the consent of the tenant
• - with 24 hours' notice to the tenant in order to inspect the premises or effect repairs, carry out pest control, or show the rental premises to prospective buyers or tenants
• - without notice in the case of emergency or if the landlord believes the tenant has abandoned the premises.

Evicting a tenant

A landlord has the right to evict a tenant on at least 24 hours' notice in situations where the tenant has assaulted a landlord or another tenant, threatened to do so, or has done significant damage to the rental premises.

In other circumstances of substantial breach of the tenancy agreement, for example, the non-payment of rent, the eviction of a tenant requires 14 days' notice or an application to the Residential Tenancy Dispute Resolution Services.

When a tenant chooses to leave

When a tenant ends the residential tenancy, the landlord has a right to a certain amount of notice from the tenant, which notice depends on the type of tenancy agreement. For a weekly periodic tenancy, the tenant must provide notice of 1 full tenancy week. For a monthly periodic tenancy, the tenant must provide notice of 1 full tenancy month. For a yearly lease, the tenant must provide notice at least 60 days before the end of the tenancy year.

Disputes between landlords and tenants

The Residential Tenancy Dispute Resolution Services resolves disputes between landlords and tenants outside of the court system. Landlords and tenants can file applications online. Common applications by landlords involve disputes involving unpaid rent and applications to end a tenancy or to obtain possession of the premises from a tenant who refuses to leave.

Contact our Edmonton Real Estate Lawyers Today For a Consultation

Knowing your rights is important. We can answer any questions you have about your rights as a landlord. Book a consultation today to discuss a dispute in Alberta.

*The information in this article is intended as a general overview on the subject of real estate law and does not constitute legal advice. If you are in need of legal advice, please speak with a lawyer.

Common Reasons a Will May Be Challenged

Most people prepare a will in the hopes that it will make it easier and less expensive for their family to distribute their estate after they die. If your will is challenged, however, this goal can quickly become unachievable. Our Edmonton wills and estates lawyers may be able to help you prepare a will that avoids these common reasons a will may be challenged.

The Testator Failed to Provide for a Dependant

While the testator is generally free to dispose of their property in a will however they like (known as testamentary freedom), there is a limit to this freedom if the testator has a spouse, adult interdependent partner, dependent child or grandchild, or has an ongoing requirement to pay child support or spousal support when they die.

The Testator Lacked Capacity at the Time the Will Was Made

A will that is made by a person who lacks the mental capacity at the time the will is signed is invalid. Mental capacity in relation to making a will requires the testator to:

• Understand what a will is and the fact that they are making a will,
• be aware of the property they own, and
• be aware of the people in their life who may be considered dependants and to whom they may otherwise choose to leave their property.

Older individuals or individuals who are ill at the time they make their will are at risk of having a will challenged. Consulting a lawyer to help when preparing your will may allay concerns in this respect.

The Testator Was Under Undue Influence

The disposition of property as set out in the will is supposed to be the independent choice of the testator. Will challenges are often made on the basis that the testator was influenced by a friend or family member. Again, consulting a lawyer may help to prevent this, as a lawyer may ensure that they ascertain the testator's wishes and not those of anyone else.

The Will Was Not Executed Properly

There are several forms that a last will and testament can take, each with their own requirements.

A formal will must be signed by the testator and two witnesses. There are restrictions as to who can be a witness: they must be at least 18 years old and cannot be a beneficiary under the will, or the spouse or adult interdependent partner of a beneficiary.

A holograph will does not require witnesses, but must be written entirely in the testator's handwriting and signed by the testator.

How to Avoid Having Your Will Challenged

There are several strategies you can take if you are worried that your will may be challenged, including:

• Talking to your family about your will and what they can expect to occur when you die. By managing expectations you may be able to prevent surprised and disappointed family members from mounting a challenge.
• Involving a professional. Your lawyer may ensure that your will is prepared and executed in accordance with the requirements of the Wills and Succession Act, so that there is no basis for your will to be challenged.
• Consider making any potentially controversial gifts before you die, rather than incorporating them in your will. Not everyone can afford to dispose of property in advance of their death, but it might be a solution if you foresee that some family members will object to a particular gift.

Contact our Edmonton Wills and Estates Lawyers Today For a Consultation

Whether you are looking to draft your will, or are considering revising your existing plans, our team of Edmonton wills and estates lawyers would be happy to discuss your specific needs. Book a consultation today to discuss common reasons a will may be challenged, as well as any other questions you may have.

*The information in this article is intended as a general overview on the subject of wills and estates law, and does not constitute legal advice. If you are in need of legal advice, please speak with a lawyer.

Things to Consider for Cross Border Estate Planning

It is not unusual for an individual to have assets in more than one province or country. But whether you have a cabin in British Columbia or a winter property in California, it can mean that your estate planning needs are a little more complicated.

Our Edmonton probates and wills lawyers may be able to advise you of more things to consider for cross border estate planning.

Do You Need Multiple Wills?

Planning a will in each jurisdiction where you own assets can greatly simplify matters for your executor or executors after you are gone, but there is a risk associated with this strategy if your wills are not prepared properly. The best way to execute multiple wills is to have the lawyers preparing them work together to ensure that one will does not revoke the other. This way, the wills may work together to effect your estate plan on both sides of the border.

When prepared properly, having a will in each jurisdiction where you own property can be a practical estate planning solution that results in an executor needing to deal only with courts and assets in their own state or province.

Tax Considerations

Different countries have different tax rules. The rules of the jurisdiction in which you intend to own assets should be considered, ideally before you acquire the asset.

One major difference between the tax regimes in the United States and Canada is the US gift and estate tax (often known as estate tax or death tax). This is a transfer tax based on the value of an estate when it is transferred to a beneficiary.

Canada does not have a similar tax on the transfer of estate assets upon death, but it does have deemed disposition rules whereby the deceased person is deemed to have sold all of their assets in the year of their death, and income tax is calculated accordingly.

If you reside in Canada and are not a US citizen, the US estate tax will only be relevant to assets that are situated in the US, which may include:

• real property located in the US
• tangible personal property (usually the contents of real property and vehicles)
• shares of US stocks
• debt of a US person or company

Other countries have their own specialized tax rules that may affect your assets upon death.

Strategies for Cross Border Estate Planning

A number of strategies can be used to minimize tax consequences, including owning foreign-based assets through a corporation, partnership or trust. The best option for you will depend on a number of factors, including:

• the value of your assets in the foreign jurisdiction
• the value of your total worldwide assets
• the jurisdiction(s) in which you own assets and the applicable tax rules
• your citizenship and the country in which you reside
• where your potential beneficiaries are located

Regardless of which strategy is best for you, estate planning should be put in place from the time you acquire an asset.

Contact our Edmonton Probates and Wills Lawyers Today For a Consultation

Our team of Edmonton probates and wills lawyers would be happy to talk through your questions as well as the specifics of your cross border estate planning, and do our best to help you move forward with informed decisions. Contact us today to schedule a consultation.

*The information in this article is intended as an introductory overview of cross border estate planning, and does not constitute legal advice. For legal advice, please speak with a lawyer.

Host Liabilities to Consider When Hosting a BBQ

Hosting a BBQ for friends and family is a common summer activity in Alberta. However, inviting others into your home or yard comes with a certain amount of responsibility. This responsibility increases when you decide to serve alcohol or invite your guests to consume alcohol and/or cannabis in your home. Not only must you consider any risks to the safety of your guests while they are at your home, but you must think about the risks to your guests and others after they leave.

If you are worried about host liabilities to consider when hosting a BBQ this summer, our Edmonton personal injury lawyers may be able to provide you with more information.

Liability to Visitors and Guests

The Occupier's Liability Act imposes on an occupier of premises a duty of care to every visitor on the premises. This means that a host is responsible for taking care that their visitors remain reasonably safe in using their premises. If you invite your guests to consume alcohol or cannabis, they may be at increased risk of injuring themselves either during your BBQ, or after they leave. This increases the risk that you, as the host of the BBQ, will be held liable for their injuries.

What Is an Occupier?

An occupier is defined in the Act as any person who:

• is in physical possession of premises, or
• who has responsibility for, and control over, the condition of the premises, the activities conducted on the premises and those allowed to enter the premises.

There can be more than one occupier of the same premises. For example, if you leased a property to host an event, you may have been responsible for the activities that went on at the time of the event, while the landlord was responsible for the condition of the premises. In that case, you would both be considered occupiers in the event that one of the guests was injured during.

A social host is someone who hosts a party and is distinguished, in a legal context, from a commercial host, who sells alcohol to guests for commercial reasons, and an employer host, which is an employer who hosts a party for their employees.

What Situations Should You Avoid?

How do you avoid being held liable for your guests' injuries? You do everything you can to ensure that they stay safe. This might include:

• ensuring there are no hazards in any area where guests might enter, taking into account the fact that guests may become intoxicated
• keeping track of the amount of alcohol or cannabis that guests consume, which might involve staying sober yourself
• having a plan to get your guests home safely after the BBQ

Liability to People Other Than Guests

What if one of your guests consumes alcohol at your party and injures someone else in an accident after leaving your property? This situation has been considered by the courts in this country on several occasions. The Supreme Court of Canada has concluded that, as a general rule, a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol. However, these cases are very dependent on the specific facts in front of the court and the possibility of being held liable for injuries to others should not be discounted.

Contact our Edmonton Personal Injury Lawyers Today For a Consultation

If you have any questions, our Edmonton personal injury lawyers are happy to provide you with more information on host liabilities to consider when hosting a BBQ this summer. Contact us today and see how we may be of service to you.

*This article provides a general overview on a legal subject, and is not intended as legal advice. If you are seeking legal advice, please consult with a lawyer.

Alberta Executor Fees

Acting as an executor (currently known in Alberta as a personal representative) of an estate can be a big job. It can be time consuming, and is not without personal risk. As such, where the will does not expressly set out the compensation to which the executor is entitled, the Trustee Act provides for the court to determine appropriate compensation.

The Act provides that the executor is entitled to "any fair and reasonable allowance for the trustee's care, pains and trouble and the trustee's time expended in and about the trust estate that may be allowed by the Court." So how does the court determine what is fair and reasonable? Our Edmonton estate administration lawyers may be able to help you to decide on a fair amount of compensation to claim for Alberta executor fees.

Consent of the Beneficiaries

If the will does not set out the fees to be paid to the executor, the executor can obtain the consent of the beneficiaries in order to set the fees. If the consent of the beneficiaries cannot be obtained, then the executor must seek the guidance of the court.

Factors the Court Will Consider

The court will consider the following factors, which are set out in Schedule 1 to the Surrogate Rules when determining the compensation that can be paid to an Alberta executor or personal representative:

• the gross value of the estate
• the amount of revenue receipts and disbursements
• the complexity of the work involved and whether any difficult or unusual questions were raised
• the amount of skill, labour, responsibility, technological support and specialized knowledge required
• the time expended
• the number and complexity of tasks delegated to others
• the number of personal representatives appointed in the will, if any

While navigating executors' duties in Alberta, an individual may be entitled to additional compensation. This applies in specific circumstances such as when an executor must act in the role of manager or director of a business, runs into unusual difficulties in administering the estate, or must provide instructions with respect to litigation.

If the will appoints more than one executor, the compensation to be paid for the administration of the estate must be split between them in accordance with the amount of work performed by each.

If the executor delegates some of their responsibilities to a professional, such as a lawyer or accountant, the fees paid to the executor should be reduced to account for the fees paid to the professional.

Executor's Expenses

An executor is entitled to be reimbursed for out-of-pocket expenses that are "reasonably incurred" while carrying out their duties. This includes fees that the executor may have paid to lawyers, accountants, realtors, auctioneers, advisors, and other professionals.

Guidelines

Guidelines for calculating appropriate executor fees in Alberta have been published by the Legal Education Society of Alberta and the Alberta Law Reform Institute. The Guidelines provide that fees can be calculated as follows:

• 3-5% on the first $250,000 of capital, 2-4% on the next $250,000 of capital and 0.5-3% on the balance of the capital
• 4-6% on revenue receipts
• for care and management, 0.3-0.6% on the first $250,000 of capital, 0.2-0.5% on the next $250,000 of capital and 0.1-0.4% on the balance of the capital

However, the Courts have found that fees calculated pursuant to the Guidelines must be tested against the factors set out in the Surrogate Rules. Depending on the circumstances, the guidelines can provide valuable guidance and help executors and beneficiaries come to an agreement with respect to determining fair compensation.

Contact our Edmonton Estate Administration Lawyers Today For a Consultation

Would you like more information, or would like to discuss specific questions about claiming Alberta executor fees? Contact us today to schedule a consultation with our Edmonton estate administration lawyers, and see how we might be of service to you.

*This article is intended as an introductory overview on a legal subject, and is not intended legal advice. For legal advice, please consult with a lawyer.

What Is a Personal Directive?

A personal directive is a document that allows the writer to name one or more persons to act as their "agent" and make personal decisions on their behalf in the event that the writer becomes unable to make such decisions. This is distinct from an enduring power of attorney, wherein a representative makes financial decisions on the writer's behalf.

If you so choose, and your named agent consents, you can register your personal directive with the Office of the Public Guardian and Trustee, which can make it easier for healthcare professionals to locate your agent in the event of an emergency.

Our Edmonton probates and wills lawyers may be able to answer any questions you have with respect to personal directives.

When Does the Personal Directive Take Effect?

In order to be valid, a personal directive must be made in writing and be signed and dated by both the person making the personal directive and a witness.

Your personal directive only comes into effect if and when you lose the mental capacity to make personal decisions on your own: for example, due to illness or accident. Your personal directive should name a person who can determine your mental capacity. If that person is not available, the Personal Directives Act provides for two service providers, at least one of which must be a physician or a psychologist, to make a written declaration that you lack mental capacity.

If you regain capacity, your agent and named service provider can issue a determination of regained capacity to make it clear that the personal directive is no longer in effect.

What Kinds of Decisions Are Covered by a Personal Directive?

You may use a personal directive to give your agent as much or as little power as you want. Your personal directive can leave detailed instructions for your agent to follow, or it can give the agent the power to make decisions based on what they think you would want or what they think are your best interests.

An agent can typically make decisions relating to:

• - medical procedures and health care treatment
• - where you live
• - your recreation, social life, education or employment.

If you have minor children, you can name someone in your personal directive to act as their legal guardian while you lack capacity. This does not have to be the same person or persons that you have named as agents.

Considerations When Choosing an Agent

You are not limited to naming a single agent in your personal directive. You can name more than one person and require them to make decisions together. You can also enable your co-agents to make decisions on their own. This may allow one to act if the other is not available. Naming more than one agent has the potential to lead to conflicts and delays, so it can be a good idea to include a mechanism for resolving disputes in your personal directive.

An agent named in a personal directive is not required to act, so discussing this with your proposed agent ahead of time is recommended. It may also be a good idea to name a back-up agent.

Contact our Edmonton Probates and Wills Lawyers Today For a Consultation

Establishing a personal directive is an important matter that requires depth of consideration. Working with an Edmonton probates and wills lawyer may be vital to making sure you understand the legal intricacies of your decision. Whether you have any questions regarding a personal directive, or would like to begin drafting one for yourself, contact us for a consultation today.

*Please be advised that the content in this article is not intended as legal advice, but is a general overview on a legal topic. For legal advice, please consult with a lawyer.

Navigating the Adoption of a Relative in Alberta

Adoption is regulated by the province. In Alberta, there are three types of adoption:

• - the adoption of a child in Alberta government care
• - the international adoption of a child outside of Canada
• - the private adoption of a step-child or relative. Private adoption is also used to adopt a child through a direct placement (or a private agreement with the birth family) or through a licensed adoption agency in Alberta.

Our Edmonton family law lawyers may be able to help you navigate the adoption of a relative in Alberta.

Who Can Adopt a Relative in Alberta?

In order to be eligible to adopt a child in Alberta, you must be at least 18 years old and a resident of Alberta. If you live in another Canadian province, you will need to use the adoption resources for that province.

You will also need to demonstrate to the court that you are ready to adopt. This includes having financial and domestic stability. You will need to provide evidence to the court that you have a steady job and a place to live that can accommodate the child.

What Is the Process for Adopting a Relative in Alberta?

For a private adoption in Alberta, you must complete the relevant forms to apply to the Court for an adoption order and obtain all the required supporting documents. The forms and required attachments are set out in the Adoption self-help kit provided by the province. Once your forms are complete, they are filed with the Court of Queen's Bench.

After it has been filed, your Application for an Adoption Order must be personally served on:

• - any current guardians of the child
• - the child's biological father
• - if you are the sole current guardian of the child, the person who was the child's guardian before you
• - the Minister of Alberta Children's Services
• - if the child is at least 12 years old, the child.

Personal service is usually performed by a professional process server, who swears an affidavit to confirm to the Court that the documents were properly served. If you serve the documents yourself, you will need to swear an affidavit of service. Your family lawyer can ensure that your affidavit meets the requirements of the Court. The affidavit of service must be filed with the Court.

Once your application is filed and served, the Court will review the application and make a decision. The Court may grant your adoption order as requested, or they may dismiss your application. The Court may also decide they need further information. In that case, they may require you to obtain a Home Study Report, order a hearing so they can seek information from you in person, or ask for other specified information in the form of an affidavit.

What are the costs associated with adoption of a relative?

There is a $250 fee to file your adoption application with the Court. In addition, you may incur fees in order to:

• - obtain legal advice
• - obtain supporting documents for your application, such as birth certificates
• - have your application served
• - if a Home Study Report is deemed necessary, the cost is approximately $3,000.

Contact our Edmonton Family Law Lawyers Today For a Consultation

If you are seeking to adopt a relative in Alberta, our Edmonton family law lawyers would be happy to talk through the specifics of your case. Contact us today to schedule a consultation to address your questions, and see how we may be of service to you.

*Please be advised that this article does not constitute legal advice, but is intended as a general overview on a legal subject. For legal advice, please speak with a lawyer.

Navigating Estate Executors’ Duties in Alberta

In Alberta the executor of an estate is called the personal representative. When a person prepares a will, they name one or more people to be their personal representative. When this person dies, the estate passes temporarily to the personal representative. The job of the personal representative is to pay all the testator's outstanding debts, including taxes, and then distribute the estate according to the testator's instructions. Our Edmonton wills and estates lawyers may be able to help you to navigate estate executor's duties in Alberta.

What Are the Executor's Duties?

The duties of the executor are listed in the Estate Administration Act and include four core tasks. The first is to identify the assets and liabilities of the estate. This task may include:

• - applying for any benefits to which the estate is entitled, such as life insurance benefits or death benefits
• - identifying and locating all property owned by the testator, including the contents of any safe deposit boxes
• - identifying any outstanding debts owed by the testator and the testator's ongoing financial obligations.

The next core task is the administration and management of the estate pending its distribution. This may include:

• - applying for a grant of probate from the court, if necessary
• - hiring professional help from a lawyer or an accountant, the costs of which are typically paid by the estate
• - running or winding up a business
• - maintaining real estate property
• - arranging for property to be sold, depending on the instructions in the will
• - starting or defending a legal action on behalf of the estate.

The executor is also responsible for the satisfaction of debts and obligations of the estate. This may include:

• - filing tax returns for the deceased
• - paying taxes for the year of the deceased's death as well as any outstanding tax debt from previous years
• - paying for the funeral of the deceased and any burial or cremation costs
• - advertising to locate creditors
• - paying off any outstanding debts including mortgages, personal loans and credit cards.

The final duty of the executor is the distribution of the estate to the beneficiaries as instructed in the will and may include:

• - transferring title to property and physically distributing assets
• - managing a trust
• - accounting to the beneficiaries for the administration and management of the estate and for any compensation the executor took for performing their duties.

Being the executor of a will is a big responsibility. It can take a lot of time and energy. If you do not have the time or are not comfortable with the responsibility, you do not have to accept the job just because you were named in the will. If there is no alternate named in the will, the court can appoint an executor.

You are entitled to be compensated for the time you spend performing your executor's duties. You must keep track of all payments you have made out of, or on behalf of, the estate for an accounting to the beneficiaries. This will include any compensation you took as the executor. If the beneficiaries do not accept your accounting, you can apply to the court to approve your accounts.

Contact our Edmonton Wills and Estates Lawyers Today For a Consultation

If you are drafting a will, or have been named the executor of an estate in someone else's will, it may be beneficial to speak with a lawyer who may help you understand your legal rights. Contact us today to schedule a consultation with our Edmonton wills and estates lawyers, and see how we might be of help to you.

*Note that this article does not constitute legal advice. It is a general overview on the subject of estate executors' duties in Alberta. Please consult with a lawyer for legal advice.