For a Will to be probated in Alberta, one of the required documents in the application is Form NC8, the Affidavit Of Witness To A Will. An example of this form is included in Schedule 3 of the Surrogate Rules. This is proof to the court that the Will was properly executed by the testator in …
ALBERTA – PROBATE – AFFIDAVIT OF SIGNATURE TO A WILL Read More »
For a Will to be probated in Alberta, one of the required documents in the application is Form NC8, the Affidavit Of Witness To A Will. An example of this form is included in Schedule 3 of the Surrogate Rules. This is proof to the court that the Will was properly executed by the testator in …
ALBERTA – PROBATE – AFFIDAVIT OF SIGNATURE TO A WILL Read More »
If you have been appointed to act as an Attorney for a relative or friend, you should understand your duties in this important role. The duty to act begins with section 8 of the Power of Attorney Act. Duty to act 8 Where (a) an attorney has acted in pursuance of an enduring power of …
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 …
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. …
PROBATE/ADMINISTRATION – PENDING SALE OF REAL ESTATE – LIMITED GRANTS Read More »
An Enduring Power of Attorney (EPA) is a legal document used to empower someone to make financial and property decisions on your behalf should you become mentally incapacitated or infirm. Your Attorney (this does not mean lawyer) has a fiduciary duty of loyalty to the person that created the EPA (the Donor). All decisions have to be …
Probate is the process where the court recognizes the authority of an executor in a will to deal with the assets of the estate. Administration is the application required when there is no will. A grant in either case assures certain third parties such as financial institutions of the validity of your will or appointment, and it also …
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 …
PROBATE – BONDS – OUT OF PROVINCE PERSONAL REPRESENTATIVE Read More »
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 …
NEW ESTATE ADMINISTRATION ACT – GENERAL PRINCIPLES Read More »
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 …
We wouldn’t be a law firm without some kind of disclaimer. We’re in the fine print business after all. So please be aware the information we provide here has been generalized to provide the greatest breadth on what we do and should not be taken in place of proper legal advice for your specific situation. If you want advice on your particular issue please give us a call.
