The legacy of love blog

What are the rules for leaving children out of your will in Alberta?

wills Dec 22, 2017

Have you considered leaving your child or one of your children out of the property distribution in your Will?  You are not alone.  Our office deals with this question on a regular basis.

Can you leave your child out of your Will?  This would depend in large part on whether the child is a minor or an adult child who can’t earn a living because of disability. In Alberta, the law states that you must support minor children in your Will. In addition to minor children you must...

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Can an Executor distribute the estate without a Clearance Certificate from the CRA?

executor & estates Dec 16, 2017

A Clearance Certificate is a document that you receive from the Canada Revenue Agency that states that all the taxes owing on the estate have been paid.

The Executor should request this certificate to ensure that the estates taxes have been paid. The concern is that the Executor may distribute the estates property to the beneficiaries and then later discover that there are taxes owing. If taxes are found to be owing after the distribution, the Executor could be held personally liable for...

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Lending or gifting money and the implications on your Estate

estate planning Dec 07, 2017

Sometimes our children or close family members run into a financial bind and need to borrow money. In many cases both the lender and the borrower assume that this money will be paid back quickly. But what happens if the person who is the lender, who is often an elderly parent, dies before the loan is repaid?

In my experience this is when the family feud begins.  The borrower will say this money was a gift to them and no repayment of this loan is required. The other...

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What to look for when you are reviewing your own Will

estate planning wills Nov 22, 2017

Whenever we do presentations on Estate Planning in and around Edmonton, we always here the same question… ”how often should someone update their Will?”

There is no real answer to that question because everyone’s situation is different.  What we recommend is that that you  review your Will whenever there is a change in your life, such as the birth of a child, a large inheritance, or a diagnosis of a critical illness.

In addition, we recommend that a...

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Second marriages and mutual Wills

wills Nov 15, 2017

My secretary came to me last week and was shocked by the story she had just been told on the phone. She said that an elderly gentleman had just called our office because he quite desperate for some legal advice

The man had lived common-law with his wife for 24 years. Three years ago his wife was diagnosed with dementia and last year for her own safety she had been placed in an extended care facility here in St Albert. The man stated that he was in charge under a Power of Attorney &...

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RESP and your Will

estate planning wills Nov 08, 2017

RESP’s have become a cornerstone in most peoples plan for saving for their children or grandchildren’s education. More and more estates are having disagreements arise over larger sums in RESP’s because many subscribers ( also known as the person who created and contributes) to RESP’s are not taking the time to appoint a person to take over this role if they should pass away. This means that when the initial subscriber dies the RESP funds go into their estate rather...

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Should I appoint more than one of my children as my executor?

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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What does an Executor do?

executor & estates Oct 22, 2017

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 are...
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Can I show my personality in my Will?

wills Oct 15, 2017

Over the course of the last decade I have helped my clients write a wide variety of wills. Some of them are touching and include letters to family members letting them know how much they loved them. Other wills have included spiteful wishes.  One will had a husband leave money to the person who had mowed his wife’s grass while he was out of town.  Another gentleman who loved scotch gave elaborate wishes for the type and amount of scotch that should be drank at his funeral.

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Guardianship and your children

estate planning Oct 08, 2017

One of the most difficult decisions any parent will ever have to make is who should be the guardian of their children if they are no longer alive. The inability to answer this one question is why most people with minor children do not write a will.

Okay, lets get the elephant out of the room. No one will over raise your children as well as you can and will. We will never be able to replace you. That said, who is the second-best person to raise your children, if it is not you or your spouse?

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