The legacy of love blog

Joint ownership and no Will

joint title probate Feb 14, 2019

We recently had a client who call our office looking for help. The client stated that her husband had passed away 3 months ago and did not have a Will. She was calling because they owned some collector vehicles that had a considerable value, and when she went to transfer the insurance into her name, the insurance company refused to do so because she was not the registered owner of the vehicle. When she contacted the local Registry Agent, she was told that the only way they would complete the...

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Should I choose more than one child as Executor?

executor Feb 07, 2019

Your Executor/Executrix* is the person that carries out the provisions of your Will and settles your estate. It’s not an easy job, and it requires a significant investment of time, emotions and resources. You may think that sharing this responsibility among your children will make things easier for them, but that is not the case.

An Executor has to make firm decisions, sign off on documents and provide input into often sensitive situations. Having to constantly chase another person to...

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Top 5 estate planning questions for family businesses

Sadly, many family businesses don’t survive after being transferred to the next generation.  This is often due to a lack of effective succession planning – and a vital component of any succession plan is careful estate planning!

Take a moment to consider the following estate planning questions:

  • Do you have a buy-sell agreement with any co-owners of your business that will be triggered upon your death? If yes, do you understand the effect of these provisions and is your...
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The top 8 mistakes that many Executors make (part two)

executor mistakes Jan 28, 2019

Being an Executor isn't easy.  There's a lot of paperwork to be done, lots of interaction with government agencies, Alberta Registries, banks, insurance companies, accountants, realtors and lawyers.  And there's always beneficiaries pressuring you to do things quicker or are questioning everything you do.  It comes as no surprise that Executors make mistakes.  We thought we would look at the top eight mistakes Executors make:

In our last blog post, we discussed the first...

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The top 8 mistakes that many Executors make (part one)

executor mistakes Jan 28, 2019

Being an Executor isn't easy. There is a lot of paperwork to be done, a lot of interaction with government agencies, Alberta Registries, banks, insurance companies, accountants, realtors and lawyers. And there are always beneficiaries pressuring you to do things quicker or questioning everything you do.  It comes as no surprise that Executors make mistakes.  We thought we would look at the top eight mistakes Executors make:

 

Mistake #1 – Executors Do Not Keep Proper...

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What Exactly Is An Executor/Executrix?

executor executrix Jan 24, 2019

An Executor* is the person appointed by the testator (the person that created a Will) to carry out the provisions in the Will and see to the settling of the estate. Asking someone to be your Executor is not an easy task. This person will become responsible for nearly 150 duties after your death, including:

  • Checking for insurance on the deceased’s life and property
  • Securing the list of the deceased’s property and arranging for the property to be safely stored
  • Ensuring buildings...
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Duty of care

Uncategorized Jan 17, 2019

When acting as the Personal Representative of an estate, your conduct must meet a certain standard. In legal terms, you have a duty of care in how you handle things and you owe this duty to all persons interested in the estate. If you do not meet the standard, you will be held personally liable for the losses that occur.

We suggest treating the property as if it were your own. You must act honestly, prudently and to the best of your ability. If you do, it is unlikely that you will be held...

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It’s a New Year: Make or Update your Will!

will Jan 16, 2019

Many of us make New Year’s resolutions each year and, more often than not, these resolutions prove to be unsustainable. In fact, right about now, you may be starting to question whether or not you will be able to achieve some of your goals! Making a new Will or updating an existing Will is a resolution that is relatively easy to achieve.   

Two of the most important functions of a Will are:

  1. To appoint an executor to manage your affairs and wrap up your estate when you are...
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What are some of the key benefits to creating a Trust?

trust Jan 10, 2019

A Trust allows you to control your assets from beyond the grave. You can clearly outline who gets your assets, when they get them and under what regulations or situations they’re able to use them. It provides a means for you to spread your assets out and spread the tax liabilities. It also allows your assets to flow to people outside of your estate. If you create a Trust today for all your family members, that money will leave your estate and it will not pass through your Will, so...

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Holograph Wills

If your parent has written down their wishes and it is entirely in their own writing, we will treat it as a holograph Will.

A holograph Will is a Will that is in the testators writing with no other written words on the document.

One of the most famous holograph Wills is actually found at the University of Saskatchewan. In that Will, a farmer was out farming, cut off his arm and bled to death. He wrote his Will on the fender of a tractor saying ‘I leave everything to my loving...

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