A sensible estate plan is crucial to ensure a smooth and uneventful transition of your assets to your beneficiaries. While estate planning need not be overly complicated, here are some items that should be thoughtfully considered in consultation with a lawyer, tax accountant or financial advisor. Tip: Perhaps this is …
Three Common DIY Estate Planning Mistakes
Our office frequently meets with clients to review their estate planning strategies, only to find that they have already taken significant “DIY” steps based on a magazine article or an online blog – often from another jurisdiction – or even the advice of a well-meaning but mis-informed friend. Not all …
How is an Alberta Estate Taxed?
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 …
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 …
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 …
Is It Mandatory To Leave a Bequest For All Family Members (including those who don’t deserve it)?
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 …
Eight Reasons To Arbitrate Your Dispute
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 …
Changes to Estate Law in Alberta
By Gary Kirk of Kirk Montoute Dawson LLP posted in Estate Law on Friday, August 2, 2013. In February, 2012, the Alberta government proclaimed the Wills and Succession Act. This legislation replaced a patchwork of previous legislation. It also made significant changes to well established practices in the area of …