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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 a lower level of priority can apply. If the estate is bankrupt and no family is willing to apply, a creditor can apply. The Crown can also apply.

The priority levels are as follows:

  • Surviving spouse or adult interdependent partner
  • Children
  • Grandchildren
  • Other children of the deceased
  • Parents
  • Siblings
  • Children of siblings
  • Other next of kin

Preference may be given to people living in Alberta.

If the family cannot agree on who should apply, the court will decide. The court can choose to appoint a neutral personal representative, such as a trust company. While this may sound easy and...

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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 to beneficiaries. The most recent Scottish Estate application we handled took almost 12 months and cost the Scottish executor $6000.00 CDN. 

We were asked recently about handling a Thai estate. Given that the deceased was a Thailand resident, I would expect that this application would take about a year to obtain and that there would be several packages that would need to be couriered between our respective countries to get the appropriate signatures. 

By way of background, Thailand has to very different rules when it comes to the probate of an estate and cannot easily be resealed...

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Does every Will have to be probated?

probate Dec 12, 2018

No, not every Will has to be probated. For instance, assets that are held jointly with a right of survivorship would pass outside the Will. As another example, a home held jointly between a husband and wife would pass to the survivor of them upon the death of one of them. Probate is not needed to transfer title to the home and for this reason, probate does not typically occur on the death of a spouse.

Many people place their children on title to their home in the hopes of avoiding probate. Probate cannot necessarily be avoided by placing children on title. As well, if you have large amounts of money in the bank, probate may be required. Often it is difficult to know if a will must be probated upon the death of a loved one, and only by consulting an experienced wills and estate lawyer can you know for sure if probate should be applied for.

If you have any questions about an estate, please contact our office at 780-458-8228. Remember, we are here to help!

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