No matter how much Estate Planning you engage in, there will almost always be some level of estate administration which must be performed after your passing. Estate Connection can assist in numerous aspects of Estate Law services and help remove the burden from the shoulders of your loved ones.
When a loved one passes and leaves a will, that person’s estate is considered to be a “Testate Estate.” The estates executor, or the personal representative named to administer the estate, is responsible for the deceased's assets. Certain types of assets can only be accessed with a Grant of Probate, or Court Order. If you have been named as someone’s estate executor, you may need to apply for a Grant of Probate with the Surrogate Court in Alberta before the Bank, Land Titles, Insurance Companies, among others, will release the property to you.
“Intestate” is the status of an estate left behind by someone who did not make a will. Before one can apply for a Grant of Administration, there must be a thorough search for the will. If one cannot be found, the grant can allow the deceased person’s assets to be administered and distributed in accordance with Alberta law. The experienced Estate Lawyers at Estate Connection will help you through this process, every step of the way.
When a grant is obtained in one province, but a deceased person has more assets or property in another province or country, the grant must be confirmed by the local provincial or territorial court. This process is called resealing. If you are acting as an Executor, be aware that this process is time-consuming and shouldn’t be attempted without appropriate legal assistance from our Estate Lawyers.
Litigation may be advisable when the validity of a will is called into question, when concerns arise about the distribution of assets under a will, or when probate is delayed unnecessarily. When the need for litigation comes up, our Lawyers can clear up any confusion about the law and the surrogate rules of court.
Issues surrounding “testamentary capacity” may arise when creating, altering, or administering a will. This term refers to a person’s legal or mental ability to create or alter a will. The phrase “sound mind and memory” has often been used in connection with this concept.
Our Edmonton and area Estate Lawyers can help you apply for grants, resolve any issues surrounding an existing will, and prepare for litigation if the need should arise.
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