Estate and Probate Lawyer in NW Calgary

Managing the estate of a loved one can be a very difficult and emotional process, and you could benefit from a consultation with a probate lawyer in NW Calgary.

You may have questions regarding the will of the deceased or what happens if there is no will. You may be appointed as an executor of the estate, you may be a beneficiary, or you may believe you ought to be a beneficiary of an estate.

Dukeshire Law Office's lawyer is experienced in assisting with the management and distribution of estates and can provide assistance with any of the following:

Book the first half an hour of a free consultation with our legal counsel.

How Is the Estate Distributed?

Often when a person dies with property that needs to be distributed to beneficiaries, a grant of probate or a grant of administration is required before the estate can be distributed to the beneficiaries.

Some examples of such property that will require a grant are land that is registered through land titles, corporate assets and, frequently, bank accounts. Applying for these grants is a process in which the court approves of the distribution, allowing the property to be properly divided. It can be a complex process for those who are not familiar with it.

If you are acting as the executor or personal representative for the estate of a person who has passed away, we would be happy to meet with you and assist you with getting those grants.

What is a Grant of Probate?

If you have a will when you pass away, then the estate is administered in accordance with the will.

The executor of the estate would make an application to the surrogate court for a grant of probate in order to distribute the estate to the beneficiaries under the will. 

In cases where there is no will, an application for Administration must be filed. Legal recognition of your duties as a distributor is a must for you to carry out your responsibilities in most cases.

Probate might not be required in cases where the estate is uncomplicated and small. However, the fulfilment of probate is generally demanded by the financial institutions involved. Usually, you are required to go through probate in the case of a will if:

• There is no joint tenant like a spouse
• There is a large amount of money involved
• The validity of the will has been questioned
• There is no will
• All the assets are registered in the name of the deceased

Dukeshire Law Office's experienced probate lawyer in NW Calgary will carefully assess your case and determine whether you need to go through probate or not.

What is a Grant of Administration?

If you do not have a will when you pass away, the estate is administered in accordance with the Wills and Succession Act of Alberta. This means that you do not get to choose your beneficiaries, who are chosen for you in the hierarchy outlined in the Wills and Succession Act of Alberta.

The personal representative of the estate would make an application to the surrogate court for a grant of administration in order to distribute the estate to the beneficiaries in accordance with the Wills and Succession Act of Alberta.

Our office is experienced in assisting with the management and distribution of estates, and can provide assistance with any questions or concerns you may have regarding a will or estate.

What Assets Are Subject to Probate in Alberta? 

Assets and liabilities that form part of the estate and are subject to probate include:

• Real property (real estate)
• Stocks and bonds
• Life insurance
• Pensions and other benefits
• RRSPs, RRIFs, and annuities
• Bank accounts and investments
• Motor vehicles, boats, and aircraft
• Mobile homes
• Personal possessions
• Assets in foreign jurisdictions
• All debts due to, and owed by, the deceased

Each type of asset has different requirements for proof of ownership and transferring ownership.

What Is the Process Involved in Probate?

Probate involves a few simple steps that you can fulfil with the help of our probate lawyer in Calgary.

Documentation

Once the requirement of probate has been determined, we will prepare the required number of forms. The forms are prepared and served on the relevant parties.

Application

Once the forms have been served, we will have to file the application for probate at the Court of Queen's Bench. The processing and granting of the probate might take up to several months.

Administration

Once the probate has been processed, you can fulfil your duties as the representative of the will.

The probate might not always be a straightforward process. A number of legal issues can come up in its processing including invalidity of the will. When such a thing happens, the process is delayed and the assets become inaccessible. The probate lawyer at Dukeshire Law Office will make your probate processing easier by assisting you from the first step to the last.

Why a Probate Lawyer Is Essential

Estate administration and going through probate can be an extremely complex process. Without proper planning and assistance, it can be even more time-consuming than it usually is. Not to mention that as a personal representative, you can be held responsible if you fail in carrying out your duties in some way. In such a scenario, the help of a probate lawyer can be beneficial in more ways than one. At Dukeshire Law Office we regularly handle probate issues, which is why we'll be able to give you the right help. Not only will we simplify the legalities for you, but we'll help you through the entire process - from determining the forms that you need to file to your duties as a representative.

What is Estate Litigation?

In general, estate litigation refers to judicial actions to resolve disagreements over a deceased person's assets. Most of the time, this entails contesting a will, either to have it changed or to be declared void.

Our Estate Planning Services

At Dukeshire Law Office, we offer professional guidance for our clients stuck in an estate-related problem. Here is what we can do for you:

• We dedicate our time and efforts to designing a will that clearly states your goals and reduces the possibility of misinterpretation and invalidation.
• We can also examine your present will and suggest adjustments based on your current circumstances.
• Our lawyer can also help you validate a holographic (handwritten) will if that is what you want.
• We can help you establish an estate trust, also known as a testamentary trust.
• We can also help you set up trusts for minor beneficiaries.
• We also draft trustee and guardian assignments.
• We can help you transfer your corporate assets and shares if you are planning business succession.

Estate Administration

Our services are available to residents of Calgary and the surrounding areas. For many people, the responsibility of administering an estate after the death of a loved one can be stressful and traumatic. We can assist you through this challenging period

We focus on your objectives to avoid costly mistakes from estate administration to estate execution. For an estate administrator to fulfil their legal obligations, the processes must flow efficiently. Our experts will assist you in organizing, identifying any issues, and addressing them fairly. To learn more about estate-related legal matters, check our FAQ page.

Contact Our Probate Lawyer in NW Calgary

The experienced team at Dukeshire Law Office is fully-trained to handle all kinds of estate issues, including probate. Get in touch with us to get legal advice from our probate lawyers in NW Calgary.

Contact Dukeshire Law Office

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