Naming an Executor (also known as ‘Personal Representative’ or ‘Trustee’) of your Will would seem to be a fairly non-controversial issue and in most cases it is. Typically, a testator will name their spouse in the first instance, with one or more of their children as alternates. Problems can arise …
When a couple is getting divorced, you will often hear they are seeking a “fair” divorce settlement. The concept of a fair divorce settlement is not universal however, fairness is subjective. What may feel is fair to you may not be the same as what your former spouses feels is …
What would you do to ensure the safety and well-being of your children? If they were facing a significant health crisis, would you drive to the hospital every day? Would you drive to Edmonton every weekend for treatment? Would you sacrifice your career? Would you risk you own life for …
“Never marry someone you wouldn’t want to be divorced from.” – Nora Ephron Charting your matrimonial journey should be as rational as it is aspirational. A thoughtful approach will reduce your personal and financial anxiety, and ironically, removing those stressors may also improve your marriage’s chance of success. The exercise …
In Alberta, the owner of all real property (ie. real estate) must be registered with the Land Titles Office. The property can be owned as either joint tenants or tenants in common. Most commonly seen for residential home owners is joint tenants. Joint tenants are equal owners of the property. …
Finally, fifteen years after the death of “The Godfather of Soul”, James Brown, his estate has been settled. As with other celebrities such as Aretha Franklin and Prince, who died without a coherent estate plan or a will, expensive and time-consuming litigation has been a hall-mark of the James Brown …
Separated parents in Alberta may be entitled to receive support from the other, despite not having been married. Adult Interdependent Partner support, or support for a common law partner, can be a highly contentious issue as the payor typically feels that since they did not get married, they should not …
The concept of murder for profit is a consistent theme in real life and fictional pop culture. But can someone who has caused another person’s death also take a benefit from that person’s estate? According to the Slayer Rule, the answer in most instances is no, but there is a …
The problem of a predatory marriage in which a person with reduced mental capacity marries someone who is motivated to take advantage of property transfers, family property legislation or changes to estate plans, is an increasing feature of the greying demographic. And while the term “predatory marriage” has a certain …
In Alberta, the Matrimonial Property Act has been amended and renamed the Family Property Act. The primary purpose of the amendments is to include property acquired by spouses in a non-married relationship as subject to the (rebuttable) presumption of equal division upon termination of the relationship. The Family Property Act …
