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 …
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 …
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 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 …
In Alberta, a Grant of Probate is the Surrogate Court’s certification that the will submitted by the Executor (otherwise known as the Personal Representative) 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 …
At some point in our lives most of us will be asked to act as a Personal Representative of the Estate of a loved one. This is generally considered an honour and, to some extent, an homage to the friend or family member in question. But what does a Personal …
How can I ensure my Will is valid? There are three kinds of Wills, each with separate requirements to ensure validity: What is the effect of a Will that is not valid or only partially valid? What happens if I get married, separated, or divorced after I execute a Will? …
By Gary Kirk of Kirk Montoute Dawson LLP posted in Estate Law on Wednesday, February 7, 2018. As a lawyer who not only practices in the areas of estates and family law but also acts as a Mediator/Arbitrator, this article may appear somewhat self-serving; however, the following reasons are worth …
By Gary Kirk of Kirk Montoute Dawson LLP posted in Will on Thursday, November 30, 2017. In Alberta, freedom of “Testator Intention” with respect to inclusion or exclusion of potential beneficiaries from one’s will, has been overlaid with the right of a family member for whom provision has not been …
