There are alternatives to court if you and your ex are unable to reach an agreement after separation, which are broadly called Alternative Dispute Resolution (ADR). While it is typically cheaper for the parties to reach an agreement through negotiations, that is not always possible in which case these options …
This is a question that frequently arises in client consultations, particularly with respect to clients who have children with addiction issues or from whom they have become estranged. The simple answer is “maybe and maybe not”. The complicated answer is that the Alberta courts have long promoted the principle of giving effect …
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 …
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 …
The legal and judicial systems in Alberta have admirably evolved in encouraging parties to choose Alternative Dispute Resolution (ADR) forums such as Mediation, Arbitration, Collaborative Law and variations thereof. Ideally, any couple headed toward divorce will mutually opt for one of these paths of least resistance. They will attempt to …
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 …
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 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 …
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 …
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 …
