Parental Alienation is a complex and deeply painful dynamic that can profoundly affect families. This issue can be challenging to address emotionally and, in some cases, legally. With this particular backdrop, Alberta Family Courts are confronted with the unique challenge of evaluating and finding solutions on matters such as Parenting …
James Brown Estate Settled
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 …
10 Tips for Dealing With Divorce & Family Law Matters
The complexity of Divorce and Family Law matters can be an overwhelming challenge for any spouse. Although lawyers and judges have seen almost every version and variation of a divorce, spouses experiencing it for the first time encounter a steep learning curve. It would be oversimplified to distill such an …
Divorce FAQs: “The Only Stupid Question is the One Not Asked”
Ending a relationship is an extraordinarily difficult emotional decision. Mental health experts say that the divorce or separation grieving process is similar to that arising from the loss of a loved one. Even the legal consequences of that decision are not only trying, but sometimes traumatic. Although there are ways …
What is Probate in Alberta?
Or more precisely, what is a Grant of Probate? In its most simple terms, a Grant of Probate is the Surrogate Court’s confirmation that a deceased person’s Will is valid, and that the named Executor is authorized to begin the process of administering the deceased’s Estate. The application for a …
Capacity and the Adult Guardianship and Trusteeship Act
What is the Adult Guardianship and Trusteeship Act The Adult Guardianship and Trusteeship Act is referred to when an adult may not be able to make decisions on their own about personal matters. Guiding Principles Adult presumed to have capacity until determined otherwise Adult entitled to communicate by any means …
What happens when you do not have a Will?
What is the effect of a Will that is not valid or only partially valid, or where there is no Will (intestacy)? Your Estate may be divided among people you would not otherwise name as beneficiaries in your Will. Wills and Succession Act s. 37 and 38 If there are …
Is a Grant of Probate Necessary?
In Alberta, a Grant of Probate is the Surrogate Court’s certification that the Will submitted by the Executor meets the formal requirements of a Will as set out in the Wills and Succession Act and is the last Will executed by the deceased. The Grant of Probate gives the Executor …
Safeguarding Enforceability of Domestic Contracts
APOCALYPSE NOW REDUX: SAFEGUARDING ENFORCEABILITY OF DOMESTIC CONTRACTS AND EXERCISING PROFESSIONAL RISK MANAGEMENT Whether generated by the genuine good faith efforts of the parties or a subtle exploitation of leverage and ultimate capitulation, if nothing else, the Domestic Contract is the physical representation of the joint intention of the parties. …
Divorce for business owners: Keeping emotions and money apart
When going through a divorce, small family businesses present a significant risk and challenge. Many married couples also happen to be joint-owners of small businesses. Running a business with a spouse can prove particularly beneficial since both owners tend to trust one another more than they would other business partners. …