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There are many good reasons to attend this course. First, it is free and a great opportunity to obtain some helpful legal and practical advice early in the separation process. Second, it helps parents to develop a parenting plan or arrangement and gives parents information and tools they need to work together as parents for their Children. Third, the course can be completed entirely online and takes approximately 3 hours from start to finish. Lastly, before the Court will grant a Divorce or any other relief involving children, except for those which are emergencies, that party must have attended the course and filed their Parenting After Separation Certificate with the Court. Go to www.alberta.ca/pas for more information or contact us.

The Divorce process doesn’t have to be nasty. There are many amicable options to deal with your Divorce and separation - the Collaborative Process is one of the options. The Collaborative Process is based on a shared commitment and agreement to seek a better way to resolve differences justly and equitably. It is based on the belief that it is in everyone’s best interests to resolve issues through negotiation. The goal of this Process is to reduce the negative economic, social, and emotional consequences of court battles for the parties and for their children. The Process relies on an atmosphere of honesty,  cooperation, integrity and professionalism geared toward the future well-being of the family. Want to know more about the Collaborative Process? Contact us to speak with one of our team of trained Registered Collaborative Family Lawyers.

Both documents work together to allow you to appoint a decision-maker when and if you become mentally incapable. A Personal Directive sets out your wishes regarding medical decisions, end of life care, and consent for placement in long-term care, among other things. Without it, a friend or family member may have to make an application to the Court of Queen’s Bench to be appointed your guardian. An Enduring Power of Attorney deals with decisions regarding your finances and property. It may be effective immediately or on your mental incapacity or physical infirmity. Without it, a family member may have to make a similar application to be appointed your trustee. Even where spouses hold their property in joint names, this authority is often necessary. To learn more about planning your estate, please contact us or see our website.

When someone dies, we often hear people referring to “getting probate”. An application for a grant of probate refers to the process of formally proving a deceased person’s will is valid. Once granted, an executor is formally authorized to act on behalf of a deceased person’s estate, including distributing the net assets to beneficiaries. Then banks, the Land Titles Office, and other parties will assist the executor in carrying out the terms of the Will and releasing assets for distribution after estate liabilities are paid. This application, which includes providing formal notices to spouses, beneficiaries, and sometimes others, may not be necessary, as some banks and other third parties may accept an executor’s authority without the application being completed if the assets are jointly owned or are not significant in value. The process will be necessary if the deceased person owned land in his or her own name or with someone else, as tenants-in-common. Contact us to find out what approach is best in your circumstances.

The holiday season can look a lot different for kids who may be experiencing their first holiday season since their parents have recently separated or are having relationship difficulties. With so much focus on the “business” of Christmas and on the problems  parents are facing themselves, the fact that things are also changing for their kids at this special, often magical, time of year can be overlooked. Let the holidays be a reminder to give your children the gift of time - time with you, time with your children’s other parent, time with extended family, and of course, time to enjoy themselves! If you have questions about creating a path forward through separation, make an appointment with a lawyer in the new year to discuss the child-focused options available, like mediation and the Collaborative Process. Happy holidays!

The answer to the first question is no, and to the second is yes. However, we would recommend the opposite! A codicil is a short document to which the same rules of execution apply as for Wills, a codicil must be attached to your original Will setting out the changes. Codicils can create more problems than they address (inadvertently contradicting the terms of the original Will, for example) and for that reason are often discouraged by most estate lawyers. For any changes to the gifts you intend to make, we recommend that you simply update your Will in its entirety, so that all the terms of your Will operate together clearly. Often the price difference is nominal, so it makes sense to ensure your wishes are set out accurately. Contact us for more information about making changes to your estate plan.

We understand that buying a new home is a big investment. While we work hard to put everything together in a closing package as soon as we can after closing, some things are out of our control and will take some time to complete. For example, and particularly during the summer months, the Land Titles Office becomes extremely busy, and it can take several weeks for registration of the transfer of land into your name and to add your new mortgage, if applicable. Similarly, after a seller pays out their mortgage with the sale proceeds, their bank will need time to discharge that mortgage at Land Titles. Once that is completed, then the Land Titles Office will issue a new certificate of title for the new owners of the property. If you have questions about the steps needed in completing your purchase or sale, please contact your lawyer for information as you’re putting your plans together to ensure things move smoothly and efficiently.

The answer is no. There is an expectation that the buyer will receive the same appliance as was in the home when the offer was made, unless otherwise specified in the real estate purchase contract. The contract also provides that the appliance will be in good working order on the day of closing. If problems with the appliance’s operation become apparent before closing day, we recommend you contact your realtor or your lawyer immediately, so you and the buyer can reach an agreement on how to address that issue early on and avoid confusion and potential claims around closing day.

When someone dies, we often hear people referring to “getting probate”. This is an application for a grant of probate from the court and refers to the process of formally proving a deceased person’s will is valid. When the court issues a grant of probate a personal representative will be authorized to act on behalf of a deceased person’s estate, including dealing with land titles, banks, insurance etc., and being authorized to distribute the net assets to beneficiaries. However, sometimes a grant of probate may not be necessary, as some banks and other third parties may accept a personal representative’s authority based on the will alone, without probate being completed, depending on the specific situation. Contact a lawyer to find out what approach is best in your circumstances.

No, this is a common myth. A notary’s stamp or seal is not going to make your document legal or enforceable, whether it’s a Separation Agreement or a Will. A notary will simply add a layer of authentication and verification. Notarization of a document does not confirm the accuracy or validity of the contents of a document and it is the responsibility of the person signing the document to ensure its accuracy. The role of a notary public is to verify the identity of those signing the documents, to administer oaths or take affidavits, and to certify and attest a true copy of a document. If you have questions about making a document legally binding, please contact us.