Calgary Estate Lawyers

Calgary estate lawyers are the men and women lawyers of Calgary who handle the estate matters in and around Calgary.  If you are an executor of an estate you will probably require and benefit from the services of an estate lawyer.

Generally, estate lawyers handle the following situations:

• wills,
  
• estates,
  
• living wills,
  
• powers of attorney,
  
• enduring powers of attorney,
  
• guardianship,
• dependent adult matters,
  
• application for probate
• probate applications,
  
• tax planning prior to death,
  
• succession plans for corporations.

A will is a legal document that gives your property away in the event of your death.

A “living will” – which in Alberta is called a “personal directive” does not deal with property but rather deals with non-financial (guardianship type) decisions such as where one might live and with whom and how much medical treatment one might want to receive (or not) in the event of sickness. 

In Alberta, you must be at least 18 years old to make a personal directive.  This personal directive lets you appoint another person to be your agent. That agent then acts on your behalf and makes decisions for you if you become unable to do so yourself. In this way, you maintain some control of important future matters, such as health care and where you live. It lets your family and others know your wishes and what to do if you can no longer make decisions for yourself.

A “power of attorney” is a document that – if prepared properly -  gives another person the authority to deal with property on your behalf.  To make financial decisions on your behalf.  A power of attorney can be “specific”, meaning that it is for only one specific thing, or it can be a “general” power of attorney, which would give much broader powers. 

A power of attorney ceases to have effect if the person giving it later becomes legally mentally incapacitated.  An enduring power of attorney is different.  An enduring power of attorney does not take effect until the person giving it does become legally mentally incapacitated.

“Estate Planning” is a process that usually involves both the financial, and the non-financial, aspects of your life.  It is where you plan the future of your estate.  Creating a will is usually a corner stone of an estate plan.  A good estate plan takes all factors into account including making an effort to minimizes potential taxes and fees.  It should implement mechanisms (such as a living will) to make sure your wishes regarding health care treatment are followed.

Good estate planning coordinates what will happen with your home, your investments, your business, your life insurance, your employee benefits and other property in the event you became disabled or in the event of your death. It takes into account the needs of those close to you such as your spouse and children and any dependent children and possibly other relatives or people or institutions that are important to you.

Many people avoid putting an estate plan in place until it is too late.  This then adds unnecessarily to the complexity and expense of taking care of the things that need to be taken care of. The Guardianship and Trusteeship Act of Alberta (which replaced the former Dependent Adult's Act) allows for the judicial appointment of a trustee and guardian in the event that someone becomes incapacitated (say by an accident or a medical condition such as stroke or dementia).  It basically has the court put in place what could have been done by the person while they were still of sound mind and body and of course it is more complicated and expensive to have the court do it than to have done it yourself.

Things can get more complicated for “snow birds’ or other people who may have property in more than one country, or more than one province and anyone who is in such a situation is well advised to have an estate plan in place that covers both their potential incapacity and in the event of their death as well.    

Probate and Administration of Estates

If someone who is close to you has died (whether you are the executor named in the will or not) you should speak to an estate lawyer about the situation, including whether you might be the appropriate person to be appointed as the Administrator (executor) of the estate.

You should also speak to an estate lawyer If someone who is close to you has died and you have been left out of the will – particularly if you were a dependent of the deceased.  Special rules can come into play if you were dependent on the deceased and an estate lawyer should definitely be consulted in such a situation.

If a person dies without a will they have died “intestate”.  In such a situation the Intestate Succession Act of Alberta comes into play.  This legislation sets out who gets what (and in what order) if someone has died without a will.  It also makes provisions for how to appoint an administrator (executor) of the estate. The Intestate Succession Act, as well as the Wills and Succession Act of Alberta and the Powers of Attorney Act can all be viewed at the Queen's Printer website.

Getting a “Grant of Probate” is done through the Surrogate Court, which is a part of the Court of Queen's Bench of Alberta.  Estate lawyers spend a good deal of their time dealing with probate matters.

A grant of probate issued by a court essentially confirms the validity and authenticity of a deceased person's will.  Generally, a person who is an executor or executrix will hire one of the Calgary probate lawyers who will then assist in preparing an application for a grant of probate, which application is then given to a Justice of the Surrogate Division for consideration. 

The probate lawyer will review the last will and testament and put together the Affidavit in support that is required for the probate application.  Grants of probate are usually granted without any fanfare and as a matter of course – so long as the application has been put together properly. 

An application for probate is technically a court application, though rarely do the lawyer or any of the people involved actually have to appear in court.  It is a paper application which concludes when a Justice of the Surrogate Division issues a “Grant of Probate”.  Once a will has been probated by the court, the executor (and others) can rely on it’s authenticity. 

Probate also involves “settling” the estate of a deceased person.  This involves itemizing and gathering up the assets of the estate and all claims against the estate, if there are any, get called in and resolved.  Outstanding debts (if any) get paid.  The grant of probate confirms the executor as being the proper personal representative of the estate and by keeping the executor accountable, makes it likely that the wishes of the deceased (as spelled out in the will) get carried out. 

The probate lawyer is usually involved throughout the whole process in assisting the executor give effect to the last wishes of the deceased.  Often there are trusts to be set up.  Often there is property to be transferred or sold.  Often there is life insurance to deal with, though sometimes this does not technically form part of the estate.  Often there is an accountant involved and often there are tax issues that arise and income tax returns that have to be filed.

Issues arise if there were child support orders in place and a person dies prior to the child support obligations being resolved, and prior to the children becoming adults.  Again, in such a situation an estate lawyer should be consulted.

The probate process protects the interests of family members who may have claims against the estate, and helps to protect the executor against claims and law suits.

Being an executor is a solemn undertaking and responsibility.  It also carries with it significant potential legal liability in that – speaking generally – an executor must answer to beneficiaries for their conduct and account for the property (including all money) of the deceased and they can be liable for any short-falls or even for income tax owing if they did not do the taxes properly. 

It is important, in considering who your Calgary estate lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary.  They should have an office in Calgary which is staffed full time and has been there for some time. 

We are that counsel.  We are that law firm.  We are your Calgary Estate Lawyers.