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 …
Do You Need A Prenuptial Agreement in Alberta?
Prenuptial agreements (often referred to as cohabitation agreements) are valid in Alberta and in many cases are a good idea to protect yourself in case of a future separation from your partner. Many Albertans are uncomfortable asking their partner to sign a prenuptial agreement as they are worried it will …
The Importance of Financial Disclosure in Family Law
The end of most marriages will contemplate not just an emotional disentanglement, but a financial one as well. Most marriages coming to an end will involve corollary issues such as Property Division, Child Support and Spousal Support. Accordingly, separating couples will be expected to exchange financial information to ensure that …
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 an Executor Liable for the Deceased’s Debts?
The short answer is that an Executor is not liable for the Deceased’s debts. However, an Executor is liable for any errors or omissions made in the course of administering an Estate. This includes failing to pay debts or liabilities of the Estate. Common Debts of an Estate Amongst the …
What is Alternative Dispute Resolution (ADR)?
ADR vs. Court The legal and judicial systems in Alberta have modernized in actively incentivizing parties to choose Alternative Dispute Resolution (ADR). More broadly called “mediation”, these models of dispute resolution have evolved over time, all with the same goals of minimizing conflict, keeping costs down and expediting resolution. The …
How to Save on Legal Fees in a Family Law Case?
Whether your separation is amicable or adversarial, you are well served to obtain advice from an experienced family law lawyer who can help to guide you through the process. Unfortunately, the legal fees that come with retaining a lawyer can often impede the progress of one’s case. While it is …
Can Children Choose Which Parent to Live With?
Children will sometimes want to choose which parent to live with or express a preference for residing with one parent over the other. For a variety of reasons, the children do not get to choose which parent they live with but their preferences may be considered. Ultimately, if the parents …
Will Quitting Your Job Reduce Child Support?
Can you quit your job to reduce child support obligations? After all, child support (and spousal support) are based off of your gross income so a lower income results in lower support. Why work long hours at a stressful job when you can only work part-time or move to that …
What are Section 7 Expenses?
Many people are familiar with child support. You can calculate it on the Government of Canada website and you simply pay the number that it gives you. However, what the Government of Canada website does not give you is a calculation to be used for the payment of Section 7 …