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WHAT WE DO
You may have been given the responsibility of administering the estate of a loved one under a Will or you may wish to administer the estate of a loved one who died without a Will. In either case, you are or will be the “Personal Representative” or “Administrator” of the loved one’s estate. This role involves significant and time-consuming duties which includes gathering the assets of the deceased and protecting them until they can be distributed to the beneficiaries. It is always difficult to deal with someone else’s assets, especially when grieving the loss of the loved one. We will assist you in obtaining a Grant of Probate or Grant of Administration for the estate. We have abundant experience in estate administration and are able to offer a seamless and timely Probate service to our clients.
Probate
Estate Litigation
Sometimes, a Will is not clear as to what beneficiaries are to receive, or there are people who believe that they have been wrongly left out of a Will. Estate Litigation requires a specialized knowledge of the law when dealing with such issues as testamentary capacity, claims by spouses and dependents, and in situations where there was no Will. We will assist you in making or defending a claim against an estate.
Estate Planning
It may be that you have a blended family or perhaps you wish to pass your assets on to your grandchildren rather than your children. It may be that you do not have children or simply wish to leave your estate elsewhere. It may be that you are involved in a new common-law relationship but still wish to ensure that the majority of your assets pass to your children. In these and other situations, you need to understand the implications of your wishes as well as the best means to ensure they are implemented. Often, there are tax implications that need to be considered as well. We call this Estate Planning. We will assist you to ensure that whatever your circumstances, your wishes for your estate will be carried out appropriately after your death. We will assist with estate freezes, trust and tax planning, charitable donations, guardianship of children, planning for disabled children, as appropriate for your situation. We will provide, as necessary, Pre-Marital or Co-Habitation Agreements, Separation Agreements, handle uncontested divorces, all in a manner that helps ensure that your assets are protected.
Wills, Personal Directives, Enduring Powers of Attorney
Everyone should have a Will, even if you do not think you have assets that justify having one. Not only is important that you make your ultimate wishes known, but you may not think about creating or updating a Will before it is needed.
Personal Directives and Enduring Powers of Attorney are documents that are drafted before they are needed, which occurs in a situation where one has lost the capacity to make their own decisions regarding their health or assets. It is important to select individuals whom you trust to make these decisions and to ensure they have legally-binding instructions so that the decisions made are consistent with your wishes.
CLIENT REVIEWS
ABOUT BRENDA EDWARDS
For over 25 years, Brenda Edwards has provided comprehensive and competent legal services to clients in Calgary and Southern Alberta. In that time, she has had thousands of happy clients.
Throughout much of her career, she has served as a Custodian, appointed by the Court of Queen’s Bench of Alberta, to take over and wind-up practices of lawyers who were suspended or disbarred. When a law practice of any sort needed to be taken over, repaired, and wound-up, they called on Brenda for her unparalleled level of experience and expertise. Today, she provides the same level of experience to each of her client's cases.
Contact us to request a free consultation
Speak with Brenda Edwards today.
Review the Will
We will meet with you and determine if the Will needs to be probated, or if an administrator needs to be appointed. Ensure you bring in the original Will, if one exists. We will also offer advice as to practical steps you need to take now in order to protect estate assets.
01
Completion of the Appropriate Documentation
If a Grant is required, we request you review and fill out the Estate Administration Information Gathering Form and return it to us, along with the documentation. We will start the process of obtaining a Grant for you at that time.
02
Grant Application
Once we have as much information as can be located, we will make the application to the Surrogate Court at the Court of Queen's Bench of Alberta for your grant.
03
Cost Analysis
Costs of obtaining these grants are set out in the Alberta Rules of Court. At our first meeting, we review your situation and will discuss whether it best suits your particular situation as to if we adhere by the Rules or work on an hourly basis.
04
REQUEST A FREE CONSULTATION
PROUD MEMBERS OF
Brenda received a B.A. in Economics, a Juris Doctor in Law and an MBA at the University of Calgary, and has a Masters in Law from Osgoode Hall in Toronto. She has taught business law at various post-secondary institutions and offers mentoring to new lawyers entering into the profession as required.
Her clients appreciate her clear, concise communication style, and her ability to simplify and explain complex areas of estate and probate law.
To speak with Brenda, book a free consultation to discuss the option best suited to your needs.
OUR PROBATE PROCESS
400-1100 8 AVE SW CALGARY AB T2P 3T8
This article was first published in the Institute of Chartered Accountants of Alberta Spotlight magazine (Winter 2012) and reprinted in the Centre for Public Legal Education Alberta’s LawNow magazine (Sept/Oct. 2017). It is reprinted here with the permission of the author.