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Capacity: What is it and why is it needed to plan an estate?

wills Apr 08, 2020

In Alberta, the only limitation to a person over 18 signing a Will, Power of Attorney and Personal Care Directive is that they have the mental capacity to do so. It may seem like a simple concept, but the truth is many people don’t know that capacity is required to have these documents made for individuals.

Why is Capacity Needed?

The largest concern for these Estate Planning...

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COVID-19: Let's Stay Safe

firm updates Apr 01, 2020

What a challenging time!

I have been amazed and brought to tears by the generosity and courage that my fellow Albertan's have shown towards one another. Especially our health care professionals who have worked tirelessly to provide support to everyone who needs medical assistance.

I am currently reading The Splendid and the Vile- A saga of Churchill, Family and Defiance during the Blitz...

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What do I do with my timeshare?

What is a Timeshare?

In simple terms, a timeshare is ownership of a property (typically, a vacation home) for a limited period of time (one to two weeks).

Timeshare Contracts

As all timeshare contracts are different, it is important to understand the specific terms of your agreement. In addition to maintenance fees, owners may be required to pay a special assessment if, for example, structural...

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Why do I need an RPR with compliance to sell my home?

real estate Mar 18, 2020

A Real Property Report (‘RPR’) is a document that is prepared by a survey company; it shows the structures plotted within the borders of property and outlines where they are located in relation to the border lines.

The report is then sent to the property’s municipality to determine whether the structures (including buildings, decks, fences, garages, sheds, etc.) comply with...

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A Guide to Aging in Place

miscellaneous Mar 11, 2020
 

“Aging in place” does not have a concrete definition; it can mean different things to different people.

For some, to age in place is to modify one’s home so they can remain in a place of familiarity. For others, it can mean downsizing and purchasing a smaller home that already meets their needs. Or, it could mean finding a facility that has different levels of care. Whatever...

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Who represents the estate when there is no will?

estates executor probate Mar 04, 2020

If there is no will, certain people are entitled to apply for a Grant of Administration. This is the type of Grant that is used when there is no will.  The application should be made by the person who has the highest priority and is willing and able. People with preference can renounce, and people at the same level of priority can apply. If no one at the level wants to use, people at...

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Resealing Foreign Grants: How can we help?

estates probate Feb 26, 2020

We regularly act for lawyers and clients throughout the world. We have completed Canadian Probate applications from Thailand, United Kingdom, Germany, Spain, Texas, Hawaii, New York, North Dakota, and recently handled an estate in Scotland that had a resealing issue.

Our office can be appointed to act as the executors' agent and to call in the assets of the estate and wire the proceeds...

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What is a co-decision making order?

On October 30, 2009, the Alberta Government passed the Adult Guardianship and Trusteeship Act (AGTA). This act replaced the antiquated Dependent Adult Act. The AGTA provides decision-making options for health care providers, physicians, patients and their families to use to ensure that they have consent for health care. With the creation of the AGTA, the Alberta Government...

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What is the criteria for medical assistance in dying?

demise personal directive Feb 12, 2020

Since June 2017 Medical Assistance in Dying has been legal in Alberta.

On June 17, 2016, the Federal parliament in Ottawa passed an Act that amended the Criminal Code so that Medical Assistance in Dying is permitted in Canada. This change occurred because by the Supreme Court of Canada's decision in Carter v. Canada (Carter 2015) ...

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Does Alberta have a will registry?

miscellaneous wills Feb 05, 2020

Currently, there is no mandatory will registry in Alberta. There are a couple of organizations trying to make a wills registry in our Province. Two that I know of are:

  1. Registry agents virtual vault - https://registryagents.com/alberta-virtual-vault
  2. Wills registry - https://www.noticeconnect.com/how-it-works/canadawillregistry/

There is a registry in British Columbia. If...

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