The legacy of love blog

Wills Registry

wills Feb 13, 2020

Currently, there is no mandatory wills registry in Alberta. There are a couple of organisations 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 you are looking for a will in that province take a look at BC Wills Registry

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Do you need a casket to be cremated?

miscellaneous Feb 06, 2020

Caskets are for burial and cremation. Caskets can be made out of materials, from solid hardwood to metal.

A casket can be cremated but most people chose to purchase a cremation container. These containers are used for cremation only. The purpose of a cremation container is to accommodate the deceased in a dignified manner allowing for placement in the cremation chamber. The container is cremated with the deceased and is consumed in the process. Some families choose to view prior to...

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A Guide to Aging in Place

miscellaneous Jan 31, 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 your definition may be, it is our hope for you to live comfortably as you grow older.

We recently...

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Can an Executor be liable for the deceased debts?

executor & estates Jan 24, 2020

In Alberta, the Estate assets must be used to pay any outstanding funeral expenses, burial expenses, taxes, credit cards or other debt. Distributions to beneficiaries cannot be done until all debts are paid.

What happens if there are not enough assets in the estate to cover the debts?

Only the Estate is responsible for the debt. If there is a shortfall, the PR cannot be forced to pay any of the debts out of their own pocket, unless their actions have created the inability to pay the...

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Should my 18 year old have a will?

In Alberta, most people have to be 18 years of age to write a will. There are a variety of exceptions to this rule, for example if you a minor has a child or is a member of the military then you may be able to write a will while you are a minor. However, by and large most minors are unable to create a will in Alberta until their 18th birthday. 

Should your child write a will when they turn 18?

Like so many things in life, the answer depends on your child circumstances. Some reasons to...

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Resealing Foreign Grants

executor & estates Jan 04, 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 to beneficiaries. The most recent Scottish Estate application we handled took almost 12 months and...

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Should I appoint joint executors in my will?

executor & estates wills Jan 01, 2020

A Co-executor is by definition are a bunch of people who work on an estate together. They share in the duties and responsibilites of the estate work. Co-Executors are to work together and be of one mind on all estate decisions. An exception to this rule, is where the will specifically says if the co-executors do not agree then a majority vote allows executors to act in a certain way.

Having all co-executors agree on anything is frequently impossible. This is to be expected when you have...

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Protecting the Interests of your Children in a Blended Family

estate planning Dec 25, 2019

Blended families are becoming increasingly common and often face several estate planning challenges. Consider the following scenario:

Don and Pat were married in 2000, and it was a second marriage for each of them. Don had 1 child from a prior relationship, and Pat had 3. Don and Pat had equal financial assets at the time.

While drafting their wills in 2009, Don and Pat agreed that all property would transfer to the survivor of Don and Pat on the death of the first of them. They also agreed...

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The Time To Tax Plan Is Now!

miscellaneous Dec 24, 2019

Taxes are tricky business, making tax planning an essential tool for any business to plan ahead effectively. Regular tax planning can help business owners lower the amount of taxable income, reduce the tax liability, and gain more control  of when tax is paid.  Here are a few reasons that every business owner should make tax planning a priority:

A.) It's All In the Timing -Tax planning is time-sensitive so its critical to allow enough time to implement planning ideas...

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Capacity: What Can Be Done Without It?

In a former post we discussed the requirement of capacity: what it meant and why it is important. This post is a follow-up on what a person can do if a loved one does not have capacity, but needs to give someone to the ability to act as Agent and Attorney for them. 

If not a Power of Attorney and Personal Care Directive than what?

In Alberta, if an adult is not capable of making financial decisions then a trustee is appointed. If the individual also requires someone to make...

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