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A NORTHWEST CALGARY LAW FIRM

ESTATE AND PROBATE LAWYER IN NW CALGARY

Managing the estate of a loved one can be challenging and emotional, 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 help with any of the following:

Legal advice for executors, trustees, and beneficiaries

Publication of notice to creditors and claimants
Administering and distributing property of the estate
Addressing administration disputes, if they arise

Filing grants of probate, grants of administration, and court orders

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 administration is required before the estate can be distributed to the beneficiaries.

 

Some examples of such property requiring a grant are land registered through land titles, corporate assets, and, frequently, bank accounts. Applying for these grants is when the court approves the distribution, allowing the property to be properly divided. It can be a complex process for those unfamiliar 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 estate executor would apply to the surrogate court for a grant of probate 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, financial institutions generally demand the fulfillment of probate. 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.

 

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 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 estate's personal representative would apply to the surrogate court for a grant of administration to distribute the estate to the beneficiaries per the Wills and Succession Act of Alberta.

 

Our office is experienced in managing and distributing estates and can assist with any questions or concerns 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 to the relevant parties.
 

Application

Following the service of the necessary forms, we initiate the probate application at the esteemed Court of King’s Bench. While processing and granting probate can be time-intensive, our experienced probate lawyer works diligently to navigate the proceedings on your behalf. Please be aware that this phase might extend over several months, depending on the specific circumstances.
 

Administration

Once the probate is successfully processed, you can begin fulfilling your duties as the designated representative of the will. Our estate lawyer will continue to provide comprehensive support throughout this crucial phase, ensuring that the administration of the estate is conducted following legal requirements.

The probate might not always be a straightforward process. Several legal issues can arise 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. As a personal representative, you can be held responsible if you fail to carry out your duties somehow. In such a scenario, the help of a probate lawyer can be beneficial in more ways than one.
 

  • Navigating legal formalities:
    Probate involves validating a deceased person's will and the legal process of administering their estate. A probate lawyer is well-versed in the complex legal formalities, ensuring that all necessary documents are properly prepared, filed, and presented to the courts.

     

  • Mitigating family disputes:
    Grieving families may face disagreements over asset distribution, especially if a will is contested. A skilled probate lawyer acts as a mediator, finding fair resolutions and reducing the potential for family conflicts.

     

  • Knowledge in estate laws:
    The laws surrounding probate and estate matters are complex and subject to change.  Our probate lawyer in NW Calgary possesses up to date knowledge of Alberta estate laws.  This knowledge ensures that your estate is administered efficiently and complies with all legal requirements.

     

  • Efficiently managing assets and liabilities:
    Settling an estate involves identifying, valuing, and distributing assets while managing outstanding debts and liabilities. A probate lawyer is equipped to handle these tasks methodically, ensuring a smooth process for all parties involved.

     

  • Avoiding costly mistakes:
    Errors in the probate process can lead to costly delays and legal complications. Engaging a skilled probate lawyer helps mitigate the risk of mistakes, ultimately saving time and resources.

At Dukeshire Law Office, we regularly handle probate issues, which is why we'll be able to give you the right help. We will simplify the legalities for you and help you through the entire process - from determining the forms 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 clients with 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 circumstances.

  • 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.

 

ESTATE ADMINISTRATION

Our services are available to residents of Calgary and the surrounding areas. For many people, 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. The processes must flow efficiently for an estate administrator to fulfil legal obligations. 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. Contact us to get legal advice from our probate lawyer in NW Calgary.

SPEAK TO OUR PROBATE LAWYER

FOR GRANT OF PROBATE AND ADMINISTRATION, TALK TO OUR LAWYER TODAY.

CONTACT DUKESHIRE LAW OFFICE

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