Probate

PROBATE – ALBERTA SURROGATE COURT UPDATE

We were pleased to review the Minutes of the Town Hall Meeting by the Surrogate Rules Advisory Committee. This meeting was held May 7, 2018 at the Calgary Court House. Chief Justice Moreau complimented the clerks and court staff for greatly improving the turnaround times for processing applications. Specifically of interest, we are pleased to note the …

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PROBATE/ADMINISTRATION – PENDING SALE OF REAL ESTATE – LIMITED GRANTS

Typically, an application in the Calgary Judicial Centre for probate (will) or administration (no will), can take anywhere from 2 – 4 months for the Grant to be issued after the application is filed. Often times, there is real property in the estate, and it can be listed for sale before the Grant is issued. …

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PROBATE – BONDS – OUT OF PROVINCE PERSONAL REPRESENTATIVE

When you appoint a person in your will to be your Personal Representative (aka “PR”, Executor or Trustee), and that person resides outside of the Province of Alberta, your PR may have to obtain a bond as security before a grant of probate can be issued. See Section 45 of the Estate Administration Act and sections 28 …

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In-law Suites: What Are They and What You Need to Know

NEW ESTATE ADMINISTRATION ACT – GENERAL PRINCIPLES

After substantial research and consultation, the Alberta Legislature put in force the new Estate Administration Act (EAA) on June 1, 2015. The goals of the EAA are to clearly define the role of the Personal Representative (PR), and to reduce the delay and cost experienced by PRs and beneficiaries. The core tasks of the PR (whether or …

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In-law Suites: What Are They and What You Need to Know

PROBATE/ADMINISTRATION – Executor Compensation

A frequent question I hear from clients drafting wills or from personal representatives (executors) probating or administering an estate, is how much compensation should executors receive for their efforts? The process can involve many hours of work, and many months or years of management. Often an executor is a friend or relative of the testator …

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