There is a common misconception that Alberta estates, and estates in Canada generally, are subject to an “estate tax” based on the total value of the estate, as in the United States. This is not correct; however, Alberta estates are often face a significant tax liability depending on the nature …
Joint Tenancy with Right of Survivorship
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. …
The ‘Slayer Rule’ and Administration of a Deceased’s Estate
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 …
Top 10 Reasons Not to Write a Will
The COVID 19 Pandemic has spawned a number of articles recommending that people write or update their Wills. In the interest of injecting some levity into the situation, I am revisiting this blog post from several years ago. There are several iterations of this article – this version was cribbed …
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 …