Category Archives: Wills and Estate Planning

POWER OF ATTORNEY – DUTY TO ACCOUNT

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…
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GRANT OF ADMINISTRATION (When There is no Will)

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,…
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PROBATE – BONDS – OUT OF PROVINCE PERSONAL REPRESENTATIVE

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…
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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…
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