Wills

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

PHYSICIAN ASSISTED DEATH (CANADA/ALBERTA) – PERSONAL DIRECTIVES

The Criminal Code in Canada has long had a prohibition against physician assisted death. In 1993, the Supreme Court of Canada (SCC) rejected the argument that the prohibition violated the right to life under s. 7 of the Charter in Rodriguez v. British Columbia (Attorney General). On February 6, 2015, the SCC declared that the prohibition did violate …

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

Wills – Digital Assets

Increasingly clients are asking me how to deal with their “digital assets” in their estate planning. Broadly speaking, your digital assets may include: 1) Your online media accounts – ex. iTunes2) Your digital devices – ex. computers, tablets and smart-phones3) Your e-mail accounts4) Your social network profiles – ex. Facebook, Twitter, Instagram5) On-line banking and …

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CREMATED REMAINS

Often our clients will request a clause in their wills setting out their funeral wishes and disposition of their remains. According to the Funeral Association of Canada, 50 years ago only about 5% of Canadians were cremated, but today that figure is closer to 60%. What can be done with your cremated remains (or “cremains”) …

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

STORAGE OF WILLS

Your Wills and related estate planning documents should be stored in a secure fire-proof location. It used to be common practice for lawyers to store wills for their clients in their vaults. If the Executor of your Will is a Trust Company they will usually offer to store your documents in their vault. More commonly …

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

NEW – ESTATE ADMINISTRATION ACT – Effective June 1, 2015

The Administration of Estates Act is being replaced on June 1, 2015 in Alberta , with the new Estate Administration Act (EAA). The new Act and related rules will apply to existing administrations, applications or grants. Among the guiding principles in the reform of these laws is the idea that the law should be clear in helping Personal Representatives …

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

Activation of a Power of Attorney or Personal Directive in Alberta

A Power of Attorney (“POA”) allows you to appoint a person(s) to assist with your property and financial affairs, while you are healthy (for example if you are away an unable to manage your affairs), or upon your incapacity. A Personal Directive (“PD”) allows you to nominate an agent(s) to make personal and health care …

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

Appointing a Guardian in Your Personal Directive

Most people appreciate the importance of appointing a guardian(s) for your minor children in their Wills. If both parents are deceased or unable to act as guardian, people commonly nominate a trusted relative or friend to raise their children. The Executor of the Will can support the Guardian financially from the trusts established in the …

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