What is an uncontested divorce and what are its advantages?

Uncontested Divorces
In Alberta, an uncontested divorce, also known as a desk divorce, occurs when both parties agree on all the issues arising from their divorce, including the grounds for divorce. If, at any point during the process, a dispute arises, the divorce becomes a contested one.

If you have questions about what is an uncontested divorce and what are its advantages, our Edmonton divorce lawyers are available to help. It is a good idea to contact a lawyer before proceeding with an uncontested divorce to ensure that you don’t run into problems.

Are You Eligible To Apply For An Uncontested Divorce?

You can apply for an uncontested divorce in Alberta if you meet the following requirements:

  • you are legally married to your spouse
  • either you or your spouse has lived in the province for at least one year leading up to filing your application
  • if you have children, you and your spouse must both complete a mandatory seminar called Parenting After Separation
  • you and your spouse agree with respect to all the issues arising from your separation, including custody and living arrangements for any children, child and spousal support, property division issues and the ground for divorce.

There are three grounds for divorce in Alberta:

  • separation (living apart from your spouse for at least one year)
  • adultery (generally to prove this ground, your spouse must be willing to sign an affidavit admitting that they committed adultery)
  • cruelty (includes mental and physical abuse).

Most uncontested divorces are granted based on the ground of separation for one year. You must meet one of the three grounds in order to be granted a divorce.

The Advantages Of An Uncontested Divorce

In most cases, when compared to a contested divorce, an uncontested divorce:

  • is faster
  • is easier
  • does not require the parties to appear in court
  • causes less stress on the parties and their children
  • is less expensive.

How Do You Apply For An Uncontested Divorce?

The Court of Queen’s Bench of Alberta has all of the forms necessary for an uncontested divorce. The first step is filling out a Statement of Claim, attaching the necessary documents (you will need a copy of your marriage certificate) and filing the form and attachments with the court. You must pay a fee to file your Statement of Claim.

The Statement of Claim must be served on your spouse by a person who is at least 18 years old. You cannot be the person who gives your spouse the document, so you have to find someone else to do it. If you don’t know where your spouse is, or they live outside of Canada, there are specific steps that must be taken to proceed with your divorce. Contact a lawyer for assistance.

If your spouse does not file a Statement of Defence within the time limit, then you proceed with an uncontested divorce by filling out and filing the remaining forms requesting a divorce. If you are claiming a divorce based on one year of separation, you must wait for the year to be up before you file the rest of your forms.

Contact Verhaeghe Law Office’s Edmonton Divorce Lawyers For Legal Help

Even though the uncontested divorce is designed to be easy and straightforward, it is common for people to be unsure of the process. Don’t hesitate to contact our Edmonton divorce lawyers for help determining what is an uncontested divorce and what are its advantages. You can book a consultation by calling us or filling out a contact us form. Our legal team is on standby and pleased to help you.

*Disclaimer: Please note the content in this article is intended to act as a general overview on a legal topic. We encourage you to seek legal counsel from a divorce lawyer for more specific advice as it pertains to your unique circumstances.

Examples of executor-beneficiary conflict of interest and what happens when this arises?

Executor/Beneficiary Conflict of Interest

An executor-beneficiary conflict of interest arises when the executor (or personal representative) cannot execute their duties under a will because the act required of them may cause them personal financial harm or conflict with their personal interests in some other way.

It is important to note that the executor of a will is often also a beneficiary of the will and this fact alone does not cause a conflict of interest.

As an executor, it is important to be aware that simply being in a position where your interests appear to conflict with those of the beneficiaries may be enough for a court to remove you as an executor. It is not necessary that you act against the interests of the beneficiaries. Our Edmonton wills and estates lawyers are available to help you identify and avoid any conflicts of interest.

The executor’s duties upon the death of the testator include:

  • taking possession of and protecting the assets pending distribution or sale
  • selling or investing assets appropriately
  • paying the debts and expenses of the estate, including income taxes, and
  • distributing the assets to the beneficiaries according to the will.

Below are some examples of executor-beneficiary conflict of interest and what happens when this arises:

1. The Executor Provides Goods Or Services To The Estate Or To One Of Its Assets

The executor is responsible for maintaining assets pending their sale or distribution to the beneficiaries. This includes everything from ensuring the grass is cut at the testator’s home to ensuring that financial assets are invested wisely.

If the executor, or a business owned by the executor, is doing business with the estate, the beneficiaries would be justified in wondering whether the estate is getting the best price for the services being rendered. The beneficiaries might also wonder if the executor is stalling the process of selling an asset so that they might continue their economic relationship with the estate.

2. The Executor Wants To Purchase An Asset From The Estate

The executor is responsible for ensuring that the estate gets the best price for any assets that are for sale. If the executor is also the purchaser of an asset, the beneficiaries would be right to think that the executor might have used their powers as the executor to get themselves a good deal as the purchaser.

3. The Estate Owes Money To The Executor

The executor is responsible for balancing the rights of the beneficiaries with their duty to pay the creditors of the estate. A creditor is often interested in being repaid as quickly as possible. However, disposing of assets quickly can mean accepting a reduced purchase price or paying additional fees or penalties, which means that there may be less to distribute to the beneficiaries after the creditors are paid.

If the executor is a creditor of the estate, the beneficiaries may wonder whether the executor is more concerned about ensuring that his debt is repaid or with maximizing the value of the estate for the beneficiaries.

What happens when there is an executor-beneficiary conflict of interest?

If there is a conflict of interest between the executor and the beneficiaries of a will, the beneficiaries can ask the court to remove the executor and assign someone else to the job. The court may decide to remove the executor or they may decide to monitor the situation more closely to ensure that the executor is acting in the best interests of the beneficiaries despite the appearance of a conflict.

Contact Our Edmonton Wills and Estates Lawyer Today for Legal Help

Whether you are an executor or a beneficiary under a will, our wills and estates lawyers can advise you with respect to any executor-beneficiary conflicts of interest that may arise. Contact us to book a legal consultation a member of our wills and estates legal team.

*Disclaimer: Please note the content prescribed in this article is only intended to act as a general overview on a legal topic. Please note this does not constitute as legal advice. Please consult with an attorney for more specific legal advice as it pertains to your situation.

What you should know about changes to the Divorce Act

What you should know about changes to the Divorce Act

The Divorce Act has recently undergone major changes, which came into effect March 1, 2021. The Divorce Act applies to individuals across Canada who are married and who decide to divorce. In addition to governing the process related to obtaining a divorce, the Act also covers:

  • child support
  • spousal support and
  • child custody or parenting issues.

The changes to the Act mainly focus on the section relating to child "custody," a term that is no longer in use due to the recent changes.

Our team of divorce lawyers can help you determine if and how these extensive changes to the law will affect your divorce.

Changes to Terminology

One of the major changes to the law is the use of different terminology relating to the care of children. The term "decision-making responsibility" replaces the term "custody." Rather than an order for sole or joint custody of a child, you may receive an order for sole, joint or divided decision-making responsibility related to a child.

The term "access" is replaced by the term "parenting time." Parenting time is the time when a child is in the care of a parent. The parent does not need to be physically present the entire time. For example, time that your children spend at school or day care can still fall within your parenting time.

If these terms are already familiar to you, that may be because several provinces have already incorporated similar terms into the provincial legislation governing parenting orders. Alberta, for example, already uses the term "parenting order" rather than "access order."

The term "contact" is introduced and is used in reference to people other than parents who seek an order for time with a child. It is essentially parenting time for non-parents.

The term "habitual residence" is introduced. The habitual residence of the child is used to determine the appropriate jurisdiction for an application in relation to the child.

Presumptions relating to orders for parenting time and decision-making responsibility

A previous presumption in favour of granting custody to the parent who was most likely to promote a relationship between the child and the other parent (known as the friendly-parent rule) has been removed. There is no longer any presumption in favour of any particular order with respect to decision-making responsibility.

Similarly, a previous presumption that parenting time should be maximized with each parent has been removed. There is no longer a presumption that parenting time should be divided between the parents as close to equally as possible.

The best interests of the child in question will be used to determine all orders related to decision-making responsibility and parenting time.

New provisions dealing with family violence

Extensive changes have been made to the Divorce Act to ensure that family violence concerns are taken into account as necessary. The legislation now contains a detailed definition of family violence and requires a court to consider any family violence and its impact on the child during a determination of the best interests of the child.

Other additions to the legislation relating to family violence deal with:

  • supervised parenting time or supervised transfers
  • orders prohibiting the removal of a child from a specified geographical area without the written consent of the other parent or a court order
  • exceptions to notice provisions (regarding change of residence or relocation) for cases involving a risk of family violence
  • coordination between criminal, child protection and family cases.

Changes relating to relocation applications

Those who are hoping to move to another town, province or country with their child will have to navigate a new approach to relocation applications. Significant changes have been made to both the procedures that must be followed by an applicant and to the methods that judges will use to make their decision.

There are now stringent notice requirements that apply to parents with an existing order for custody, access, parenting time or decision-making responsibility that was made under the Divorce Act. The parent who wishes to relocate must provide notice at least 60 days before the planned relocation and the other parent, if they object to the relocation, must respond within 30 days.

The list of criteria that a judge may consider when determining the best interests of the child in relation to a relocation application has been extended. There are seven new criteria, including the reason for the proposed move.

The recent changes have introduced different burdens of proof that may apply in different circumstances. In circumstances where:

  • the applicants have an existing parenting order under the Divorce Act; and
  • the current parenting arrangement reflects that parenting order;

then the following burdens of proof will be placed on the parents during the relocation application. If the parents have substantially equal parenting time, then the parent who wishes to relocate must prove that it is in the best interests of the child to do so. If the parent who wishes to relocate has the vast majority of parenting time, then the parent who is opposing the application must prove that the relocation is not in the best interest of the child.

This will leave many circumstances in which neither parent has the burden of proof, which means that each parent will be required to show the court why their proposed living arrangements are in the child's best interests.

The court is no longer permitted to consider whether, if the court does not grant the order, the parent will relocate without the child or choose not to relocate.

Other additions and changes

Many other changes have been incorporated in the legislation to increase the efficiency of the law and make the law easier and more affordable for individuals to access. These changes include:

  • encouraging the use of out-of-court dispute resolution processes including mediation services and collaborative law
  • authorizing the government to designate a provincial child support service to calculate child support
  • simplifying procedures for obtaining, varying or enforcing a support order when the parents live in different provinces or countries (interjurisdictional support orders)
  • improving the mechanism used to recalculate child support
  • improving access to the law in both official languages
  • incorporating two Hague Family Law Conventions (relevant to resolving family law issues when one parent lives in another country)
  • improving access to income information for use in support applications.

Many of the recent changes to the Divorce Act are only relevant in very specific circumstances. If you have concerns about how any of the changes to the Divorce Act will affect your divorce or any future applications affecting your children, contact one of our divorce and family law lawyers today.

What Happens If My Parent – Who Is Unmarried And In A Long-Term Relationship – Dies Without A Will?

What Happens If My Parent – Who Is Unmarried And In A Long-Term Relationship – Dies Without A Will?

A will is a document that allows the writer to dictate how they want their property to be distributed after they die. If a person dies without writing a will, then they are said to die intestate and their assets will be distributed according to Alberta's Wills and Succession Act.

The Wills and Succession Act does not consider the specific circumstances of the intestate or their family. As a result, any distribution of assets under the Act may be unfair. Our Alberta wills and estates lawyer can help you understand what happens if your parent - who is unmarried and in a long-term relationship - dies without a will.

Practical Considerations Of Dying Intestate

If, at the time a person dies intestate, they have both a common-law partner and adult children from a previous relationship, chaos can ensue. Without a personal representative named in a will, it will be unclear to the surviving family members who is supposed to make decisions regarding the funeral and how those expenses should be paid for.

It will also be necessary to ask the court to name a personal representative, which means added expenses for the family at a time that is already stressful.

Distribution Of Property Under The Act

Your parent may legally have an "adult interdependent partner", as they are called in the Act, if:

  • they have lived with another person in a common-law type relationship for at least three years, or
  • they have lived with another person in a common-law type relationship and have a child together, or
  • they have entered into an agreement that defines their relationship as that of adult interdependent partners.

If your parent dies intestate, with both an adult interdependent partner and children from a previous relationship, then your parent's estate will likely be divided between your parent's partner and your parent's children. Under the Act, the adult interdependent partner receives the first 50% of the value of the estate or a minimum amount set by the regulations, whichever is greater. The children split the remainder of the estate equally. If any of the parent's children have already died leaving grandchildren, the grandchildren receive their parent's portion of the estate.

Other considerations

If a parent dies intestate and the results of distribution under the Act leave a dependent family member (either an adult interdependent partner or a child under the age of 18) without adequate support, the court may order a change to the distribution of property to account for that person's need for support.

If your parent is the owner of the house that they live in with their partner when they die, the partner is entitled to stay in the family home for 90 days after the death.

The Benefits Of Having A Will

Intestate distribution of property under the Wills and Succession Act does not allow for any customization to particular circumstances and the results will often leave the family members of the deceased unsatisfied and in financial need.

If your parent - who is unmarried and in a long-term relationship - dies without a will, things could get complicated. Our Alberta wills lawyers can help prevent any unnecessary difficulties. Talk to us today. One of our Edmonton wills and estates lawyer will be pleased to assist you.

Disclaimer: Please note this article is only intended to act as a general overview on a legal topic and does not represent legal advice. For specific legal advice please consult with our wills and estates lawyers.

What Are The Pros and Cons Of a Living Trust

What Are The Pros and Cons Of a Living Trust

A trust is a legal mechanism by which one person (the settlor) gives money or property to a trustee, who manages it and eventually distributes it to its intended recipient or recipients (the beneficiaries). A testamentary trust is a trust that is established in a will and comes into effect when the settlor dies. A living trust, also known as an inter vivos trust, can be set up anytime during the settlor's life.

There are many different types of living trust and each type may have its own specific pros and cons. Our wills and estates lawyers can help you to explore the pros and cons of a living trust and determine what type of trust might benefit you in your estate planning.

The Benefits Of A Living Trust

Both testamentary trusts and living trusts are most commonly used as estate planning tools and can have tax deferral benefits for the settlor. Some other common benefits of a trust include:

  • assets can be protected from legal battles or creditors of the beneficiary
  • the settlor can maintain more control over what is done with an asset after they have passed it on than they would if they transferred it by way of a will or by simply giving the asset to the beneficiary
  • the beneficiaries may save money on probate and executor fees after the death of the settlor.

Living trusts are often set up with a very specific purpose in mind. For example, parents or grandparents might establish a trust for an adult child with a disability, which might enable the child to continue receiving benefits from the Assured Income for the Severely Handicapped program, or other government benefits.

Disadvantages Of A Living Trust

There are costs involved with establishing a living trust. Trusts are more complicated to prepare than wills and generally require the help of a lawyer. It is also necessary to transfer the assets to the trust. Depending on the number and type of assets involved, this might be quite expensive.

A living trust also has ongoing costs to ensure compliance with laws. For example, the trustee will need to file a trust tax return annually on behalf of the trust. The trust will also usually pay the trustee for ongoing services involved in managing the trust.

The assets in a living trust are not readily accessible to the beneficiaries. While this might be seen as an advantage to the settlor, it can also cause inconvenience and difficulties for the beneficiaries. For example, it may be significantly more difficult for a beneficiary to obtain a loan using trust assets as collateral. When things become more difficult, they also become more expensive, especially if they require a significant time investment from the trustee or if the beneficiary needs to hire a lawyer.

Speak To Our Legal Team Today

Our Alberta wills and estates lawyers can explain to you in detail what are the pros and cons of a living trust and focus on the pros and cons of a particular living trust in your particular circumstances. Give us a call today to find out what you need to know about this potentially helpful estate planning tool.

*Disclaimer: Please note the advice contained in this article is not intended to act as legal advice and instead intended to act as a general overview on a legal topic. For specific legal advice please consult with a lawyer.

The Differences Between an Executor vs an Administrator in a Will

The Differences Between an Executor vs an Administrator in a Will

The terms executor of a will or estate and administrator of a will or estate are often used interchangeably. In Alberta, when a person writes a will, they are required to name a personal representative to be in charge of paying the deceased's taxes and debts and the distribution of the estate. This named personal representative is also known as an executor because historically (and still today, in other jurisdictions) that was the term used in wills and estate legislation and it continues to be the term that most people know.

An administrator, on the other hand, is a person appointed by the court to administer the estate of the deceased under the Estate Administration Act. This happens when:

  • the executor or personal representative named in a will is unable or unwilling to act
  • the deceased failed to name an executor in the will
  • the deceased failed to deal with their entire estate in the will, or
  • the deceased died without a will (intestate).

Our Edmonton area wills and estates lawyers can clear up any confusion regarding the differences between an executor vs an administrator in a will and what those differences might mean for your situation.

Who Will The Court Name As Administrator?

In a situation where the deceased left a will, but the will either failed to name an executor or failed to deal with the entire estate, the estate will need to apply for a grant of administration with will annexed. The grant is a court order that appoints an administrator to manage and distribute the estate according to the will.

The court is required to name the person with the highest priority on the list of eligible candidates set out in the Estate Administration Act. For example, the top three options are:

  • the personal representative named in the will (if there is one, and if they are willing to act)
  • the personal representative named by the person authorized in the will to name a personal representative (if there is one), or
  • a residual beneficiary.

In a situation where the deceased left no will, the estate must apply for a grant of administration, which is a court order that appoints an administrator to distribute the estate according to the rules of intestacy set out in the Wills and Succession Act.

In this case, the top three options for administrator are based on the most likely beneficiaries set out in the Wills and Succession Act:

  • the surviving spouse or common law partner of the deceased
  • a child of the deceased, or
  • a grandchild of the deceased.

Typically, the person with the highest priority on the list prepares the application and is appointed the administrator, but they can also appoint someone else if they do not want to act as the administrator.

What Are The Duties Of An Executor Vs An Administrator?

Once an executor agrees to act or an administrator is named by the court, their duties are similar. They both owe a fiduciary duty to the estate and its beneficiaries. They both are responsible for managing and distributing the estate. However, there are technical differences between an executor vs an administrator in a will that may or may not be relevant in your circumstances. We recommend you speak with a lawyer to get more sound legal advice on this matter as every situation is different.

Book A Consultation with Verhaeghe Law Office Today

If you or a loved one need legal assistance from an estate administration lawyer book a consultation with us. Contact our Edmonton estate administration lawyers today for more information. A member of our legal team will be pleased to speak with you.

Disclaimer: Please note the content prescribed here is intended to act as a general overview on a legal topic and does not constitute as legal advice. For specific legal advice please consult with an estate administration lawyer on this subject matter.

10 Questions To Consider When Drafting Your Will

10 Questions To Consider When Drafting Your Will

Everyone can benefit from having a will, but the process of writing one can be daunting. You can organize your thoughts on the subject by answering the following 10 questions to consider when drafting your will.

Who Will Prepare Your Will?

Every person is unique and their will should reflect that fact. While it is possible to prepare a will on your own, having help from a lawyer will ensure that your will reflects your particular needs and circumstances.

What Is Your Marital Status?

Your will must indicate whether you are married, single or in a common law relationship. It is important to write a new will, or at least have your will reviewed by a lawyer, whenever your marital status changes. If you don't, you risk all or certain parts of your will being declared void.

Who Will Care For Your Children If You Die Before They Reach Their Majority?

Typically, you will name the other parent of your child as their appointed guardian in your will. However, it is a good idea to have a backup in case that person dies before you. You should seek the agreement of any person you intend to name as a guardian for minor children before you write your will.

Do You Need A Testamentary Trust?

A testamentary trust is a legal mechanism by which some or all of your estate is transferred to a trustee, who manages it until it can be distributed to your beneficiaries. This is an effective way to ensure that your estate is protected and managed until your minor children are old enough to receive their inheritance, but there are lots of other reasons a testamentary trust might be necessary.

Who Will Be The Executor Of Your Estate?

Your executor, or personal representative, has many responsibilities, including planning your funeral and probating your will. It is a good idea to ask your chosen executor if they will be willing to act before naming them in your will.

What Powers Will Your Executor Have?

You can set limits on the specific powers that your executor will have with respect to managing and distributing your property. What powers you grant your executor will depend heavily on what assets and debts form part of your estate and how you want them divided.

What Property, Assets And Debt Do You Have?

Preparing a summary of your current assets and debts will enable your lawyer to advise you appropriately about estate planning tools, including tax considerations.

What Responsibilities Do You Have To Ex-Spouses Or Children?

If you pay spousal support or child support, you need to account for those in your will. Your responsibilities don't end when you die.

How Do You Want Your Estate Distributed?

Think about who you would like to receive the bulk of your estate and what you would like to happen if that person dies before you. Also think about any specific gifts that you want to make. These can consist of personal property that you want to go to a specific person or charitable donations.

Who Will Witness The Signing Of Your Will?

Two people need to witness you sign the will. The witnesses can be anyone who is at least 18 years of age but they cannot be a beneficiary of your will. It is fine if your executor witnesses your will as long as your executor is not also a beneficiary.

These 10 questions to consider when drafting your will can help you prepare so that you have all the information your lawyer will need before you contact our Alberta wills and estates lawyers. Having a will protects your family from uncertainty and unnecessary expenses, so call today!

Contact Verhaeghe Law Office Today For Legal Assistance With Your Will

Our Edmonton wills and estates lawyer can assist you with your wills and estates needs. Contact our law office today to book a consultation with one of our wills and estates lawyers. Our legal team would be pleased to assist you.

Disclaimer: Please note the content prescribed in this article is intended to act as a general overview on a legal topic and does not represent legal advice. For specific legal advice on your matter please consult with a lawyer.

What assets are subject to probate in Alberta?

What assets are subject to probate in Alberta?

Probate is the name for the process by which the Court of Queen's Bench verifies the validity of a will and the identity of the personal representative. The personal representative named in the will, also known as the executor, has the authority to deal with the assets of the estate without a grant of probate. Probate is only necessary when the transfer of assets to the executor or to the beneficiaries requires the involvement of the Land Title Office or a financial institution.

Our Alberta wills and estates lawyers can help you to determine what assets are subject to probate in Alberta. Contact us for a consultation today.

Real property in Alberta

Alberta's Land Title Office requires proof that a will is valid in the form of probate before it will transfer the property of the deceased. Any property that the deceased owned as a sole owner or as a tenant in common is subject to probate.

If the deceased owned property as a joint tenant, then the joint tenant has a right of survivorship. That means that the property does not form part of the estate of the deceased. It passes directly to the surviving owner. The surviving owner only needs to complete the necessary forms and file them with the Land Title Office for the property transfer to be registered.

Real property located outside of Alberta will be subject to the laws of that province or country. Contact one of our wills and estate lawyers for assistance.

Do financial assets require probate?

Some financial assets, such as RRSPs, TFSAs and insurance policies, have named beneficiaries. These assets do not form part of the estate of the deceased. The financial institution in charge of the asset will transfer the asset directly to the named beneficiary once they receive the proper paperwork, which generally includes a copy of the death certificate.

Financial assets can also be owned in joint tenancy, which means that the asset passes directly to the surviving owner. The financial institution may require the surviving owner to provide a death certificate or other documentation prior to transferring ownership, but probate should not be required as this asset does not form part of the estate.

There are still many financial assets that will require probate. If you are acting as a personal representative for an estate, you can ask the relevant financial institutions if they will require the will to be probated. The more complex the estate, the more likely it is that probate will be necessary.

How do you have a will probated?

The executor of the estate applies to the court for probate of the will. An application for probate must include:

  • the original version of the will
  • a detailed list of all the assets and debts of the deceased
  • identities of the beneficiaries (names, birth dates and addresses)
  • date and location of the birth and death of the deceased.

Contact our Alberta wills and estates lawyer today for a legal consultation

Other information may be needed in particular circumstances. Our wills and estates professionals can help you to determine what assets are subject to probate in Alberta and can prepare an application for you if probate is necessary. Contact us today to arrange for a personal consultation regarding all your wills and estates legal matters.

Disclaimer: Please note the content in this article is not intended to act as legal advice. For more specific legal advice please consult with a family lawyer.

How long does an executor have to settle an estate in Alberta?

How long does an executor have to settle an estate in Alberta?

The executor, also known as the personal representative, is the person responsible for carrying out the wishes of the deceased as set out in the will. In Alberta, the executor’s responsibilities are set out in the Estate Administration Act. While the legislation does not set a deadline by which an estate must be settled, it does require an executor to “distribute the estate as soon as practicable.”

Estates vary greatly in complexity and in the number of tasks that an executor will need to accomplish before the estate will be considered settled, therefore it is impossible for the province to set a hard deadline for executors. Generally, the Alberta courts expect an executor to distribute the estate to the beneficiaries within a year of probate being granted.

Whether you are an executor or a beneficiary, our wills and estates lawyers can help analyze your particular situation and determine how long an executor has to settle an estate in Alberta in your case.

Responsibilities of an executor in Alberta

The executor's most pressing responsibility after the death of the testator is to make funeral and burial arrangements. After that, the executor's responsibilities include:

  • identifying, collecting and preserving the assets of the estate
  • probating the will, if necessary
  • advertising to inform potential creditors of the testator's death
  • paying any debts and taxes owed by the estate
  • distributing the estate to beneficiaries
  • accounting for the administration and distribution of the estate.

Depending on the complexity of the estate, some duties may be unnecessary. Probating a will, for example, is only necessary if the executor needs to prove the validity of the will to the Land Title Office or to a financial institution. It is often not required for a small or simple estate as the title to certain assets may pass directly to beneficiaries.

What affects the length of time an executor takes to settle an estate in Alberta?

The size and complexity of the estate will be the primary factor affecting how long an executor has to settle an estate in Alberta. An estate with many assets and liabilities may:

  • require the will to be probated, which may take several weeks or months
  • be more likely to be the subject of disputes or even litigation relating to the will, taxes or other liabilities
  • include assets that are more difficult and time-consuming to liquidate and distribute, such as a business or multiple properties
  • require the creation or dissolution of a trust.

While there is a general expectation that a relatively straight-forward estate should be settled in approximately one year, the executor can only do their best and that is all that the courts expect.

Contact our Edmonton Estate Administration Lawyers Today

If you are the executor or the beneficiary of an estate and you have concerns about the amount of time that has passed since the testator's death without any distribution to the beneficiaries, our wills and estates professionals can help. Contact us today to get advice from an Edmonton wills and estates lawyer.

Disclaimer: Please note the content in this article is not intended to act as legal advice. For more specific legal advice please consult with a family lawyer.

5 benefits of Collaborative Divorce in Alberta

5 benefits of Collaborative Divorce in Alberta

Collaborative divorce is a process that enables spouses to resolve conflicts arising from their separation or divorce in a non-adversarial manner using a small team of experts including lawyers, financial specialists and mental health experts, if necessary.

Many people find the collaborative family law process preferable to a traditional court-based divorce process. The following are 5 benefits of a collaborative divorce in Alberta:

  1. You and your spouse stay in control of the process.

When you ask the court to make decisions for your family, you often end up with a make-shift solution that does not actually work for any members of your family. The collaborative divorce process allows you and your spouse to control the issues and the outcomes of the negotiation. There is no third-party decision maker to hijack your case and give you the decision they think you want. You and your spouse remain in charge of your own lives.

  1. You find solutions that work for your entire family.

Using interest-based negotiation techniques, collaborative divorce professionals help the spouses come up with novel solutions that address everyone's needs. The courts tend to provide one-size-fits-all orders to problems. There's a winner and a loser. Unfortunately, this model is rarely an appropriate way to help a family move on from a divorce or separation.

  1. You can avoid the stress of traditional litigation.

Testifying in court about your family, your finances and your personal life is something that few people enjoy. You have very little control over the process and there is a high level of uncertainty with respect to the outcome. Divorce is considered one of the most stressful life events that you can experience, which can have serious effects on your health. But it doesn't have to be that way. The collaborative divorce process provides you with the support and control that you need to minimize the stress that you experience.

  1. You can protect your family's privacy.

Many people do not understand that when you go to court, all of the information that you present to the court is a matter of public record. Court rooms are open to the public and anyone off the street has the right to come and listen to you and your spouse testify about your very personal issues. You can maintain your privacy by using a collaborative process that requires all the openness and exchange of financial information of the traditional litigation process, but keeps that information between just you and your spouse.

  1. You can avoid the financial costs of traditional litigation.

Collaborative divorce can be less expensive than going to court for several reasons. It can be a faster process and is specifically designed to be more efficient than litigation, which generally means you will pay less for legal fees. The process also enables parties to share experts, avoiding the need to pay for two financial experts or two property valuators. While there is no guarantee that you and your spouse will successfully come to an agreement, or will do so in a cost-effective manner, for most couples, the process enables them to save money.

Our Edmonton collaborative divorce lawyers can help you decide if the collaborative divorce process is right for you. Contact us today to speak with a collaborative family law professional about your case.

Disclaimer: Please note the content in this article is not intended to act as legal advice. For more specific legal advice please consult with an Edmonton divorce lawyer.