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Please don’t!! Handwritten changes to a Will may make it invalid in Alberta if the changes are not made using the same legal requirements used in making the Will. Additionally, this may lead to an increase in challenges to your Will when you pass away, costing your estate to pay higher legal fees. If you require changes to your Will, it is best to make a new Will including these changes, this guarantees your wishes are set out accurately and prevents any challenges down the road. Contact us for more information about updating your estate planning documents.

If so, you are probably thinking about these 4 things: parenting your children, child support, family property, and cash flow. In my mind, it’s important to add a 5th item to the list: estate planning. Knowing how your children will be cared for and how the law treats the estates of newly separated or divorced parents is a key part of planning and is particularly important if you have young children now. Think about what expectations you have for your children (and of the other parent), who should care for your children if both you and their other parent die while they are young and about when you should make a new will. When putting the pieces of your post-separation picture together, make sure you review any estate plan you have in place now, ask questions about what will happen if you don’t make any changes (or make a plan at all), and determine if you both agree on who should care for the children if both of you die or become incapacitated. To ensure that those you wish to provide for receive your gift without complication and that your children are well cared for, make sure you ask your lawyer about including estate considerations as part of your separation task list.

It’s important to think about the variety of options available to you. Most people are now aware that their matter does not have to go to court to be decided. Mediation is an excellent option for those wanting facilitated communication while they negotiate. For those who want guidance around options for settlement and legal information and advice as they negotiate, the Collaborative Process is a great option. The Collaborative Process is grounded in transparency, cooperation, and respect; it provides a private, non-adversarial, comprehensive, and efficient process opportunity. Your lawyer will be there to advocate for you, to draft the Separation Agreement and to provide the independent legal advice necessary for a legally binding settlement. Contact us to find out more information.

Dower rights give a non-owning spouse the right to live in the house following the owner’s death. Alberta law requires any landowner who is selling land in his or her own name to swear an affidavit setting out that: (a) he or she is not married; (b) an ex-spouse has released his or her dower rights in the land; or (c) neither he or she, nor his or her spouse, ever lived in the property for sale. Even in cases where spouses have properly executed a separation agreement that waives these rights, it will be necessary for the non-owning spouse to execute the forms required by the Land Titles Office, if they have not yet divorced. These dower rights terminate once the spouses are divorced.

Depending on the circumstances, a strongly aggressive approach in family matters can bring results - though you will not control the nature of those results - and there is a huge cost to families. Sometimes a perceived need to win or to see justice be done can overcome the ability to appreciate the long term effects of a court battle and the devastating impact on the other people closely involved in your divorce - your children. Consult with a divorce coach to help you identify what is truly important to you and for your family. Learn about the available process options, like the collaborative process and mediation. Choose a process and consult with lawyers using that approach to find the best fit. Move through the process with dignity and with respect for your family - you and your ex-spouse are parents for the long haul. At GOOD LAW, we're happy to help you sort through the options available to you so that you can make the right choice for you and your family.

The executor, or personal representative, is responsible to ensure that all firearms are stored legally or are properly disposed of reasonably quickly. If the firearms are unwanted, the executor may sell them to a licenced purchaser, lawfully deactivate the firearms, or surrender them to a police or firearms officer, after making arrangements to do so. If the firearms are given to a beneficiary or anyone else, the new owner must have a licence and the applicable certificates. It is also the personal representative’s responsibility to determine if the deceased person held a firearms licence and/or registration certificates. If you are unsure if the deceased had a licence, or if you want more information, contact the Canadian Firearms Program at 1-800-731-4000 or go to https://firearms-armes-a-feu.rcmp-grc.ca/en/ .

Once an agreement has been drafted and is in the appropriate legal format, each of you need to see a lawyer to review your rights, your obligations, and the terms of your agreement. Before signing the certificate of independent legal advice attached to the agreement and which helps protect the agreement from later challenges, your lawyer must: (a) provide you with comprehensive advice regarding the relevant law and the proposed terms of the agreement; (b) review the information on which the agreement is based; (c) discuss options and risks associated with the agreement; and (d) be satisfied that you are agreeing to the terms voluntarily. Once these steps are complete, you will have a binding agreement that allows you to move forward and do things like purchase a new home, with far less worry about challenges being made down the road. Contact us to find out more.

Traditionally, “prenups” (for married or engaged spouses) and cohabitation agreements (for unmarried partners) have had a stigma associated with them; this perception is slowly changing and for good reason. These agreements are an excellent tool which can prevent much turmoil and conflict should the relationship break down or one spouse dies or becomes incapacitated. With recent changes in estate legislation and to family property legislation in Alberta and with the persisting uncertainty in the law for unmarried spouses, these agreements are becoming even more important. We recommend that a couple address their concerns about existing property, asset purchases (including real estate) or about support intentions, for example, up front. That way, both partners have a clear understanding of the other's expectations in the relationship and they may plan for their future together more positively, with a clear understanding of their legal rights and obligations.

Many people believe that the Collaborative Process works only for those who are amicable and who agree on almost all issues. In fact, this process is ideal for those cases where communication has broken down, where trust is low and where many issues remain to be resolved. Coming to agreement when people look at things differently and are under stress is challenging. This popular and comprehensive dispute resolution process is a powerful alternative to litigation. It works well for those who are willing to try a new way to resolve conflict, to listen, to be open, and to work to find a better resolution. You also have the benefit of legal advice available with you while you’re working. It can empower you to make better choices for your future and your family more confidently and it happens in a safe and private environment.

First, take a breath! Resist the temptation to respond immediately. Take the time to consider whether you need to respond at all and if you do, consider trying a BIFF Response. This approach, developed by the High Conflict Institute, recommends being brief, informative, friendly and firm. Keep it short and resist getting personal. Stick to the facts. Show empathy in your comments and avoid sarcasm and threats. Use a friendly or professional greeting and closing. Be firm in a matter-of-fact way and try not to invite further discussion – state your concern or information, close your message, and stop. There are many resources, with great suggestions like this one, available for parents to improve their communication. To get started, consider consulting with a Divorce Coach, as these professionals are trained in supporting people going through separation or divorce and are skilled at assisting parents with improving their boundaries, their communication, and their relationships with their children and with their children's other parent.