Edmonton Probate Lawyers

Edmonton probate lawyers are the men and women lawyers of Edmonton who handle the probate matters for those people who live in and around Edmonton, Alberta. If you are an executor of an estate you will probably require and benefit from the services of a probate lawyer.

If someone who is close to you has died you should speak to a probate lawyer about the situation, including whether you might be the appropriate person to be appointed as the administrator of the estate.

Getting a “Grant of Probate” is done through the “Surrogate Court” of Alberta. The Surrogate Court is a division of the Court of Queen’s Bench of Alberta. The grant of probate essentially confirms the validity and authenticity of a deceased person's will.

Usually a person who is an executor (male) or executrix (female) will hire a probate lawyer to assist in making an application for a grant of probate, which application is then given to a Judge of the Surrogate Court for consideration.

Your Edmonton probate lawyer will help you to review the last will and testament of the deceased and put together the Affidavit in support of the application for probate that is required for the probate application. Invariably there are other documents that need to be prepared as well and your probate lawyer will give you reliable advice on all of these matters.

All wills in Alberta must be made in compliance with the appropriate legislation. The recently passed Wills and Succession Act of Alberta changes things significantly. Among other things, this new legislation consolidates the Wills Act, the Intestate Succession Act, the Survivorship Act, the Dependants Relief Act and certain parts of Trustee Act. There are also changes in the works to the Matriminal Property Act. Talk to a lawyer.

Grants of probate are usually granted without any fanfare and as a matter of course – so long as the application has been put together carefully.

An application for probate is technically a court application, though normally they are done without the probate lawyer or any of the people involved actually having to appear in court. It is a paper application which concludes when a Justice of the Surrogate Court issues a “Grant of Probate” i.e. a court order.

“Probate” also involves “settling” the estate of a deceased person. Once a will has been probated by the court, the executor (and everyone else) can rely on its authenticity. All claims against the estate are identified and outstanding debts (if any) get paid.

The grant of probate confirms the executor as being the proper personal representative of the estate and by keeping the executor accountable, makes it likely that the wishes of the deceased (as set out in the will) get carried out.

The probate lawyer is usually involved throughout the whole process in assisting the executor give effect to the last wishes of the deceased. Often there are trusts to be set up. Often there is property to be transferred or sold. Often there is life insurance to deal with, though sometimes this does not technically form part of the estate. Income tax returns must be filed and often there is an accountant involved and there may be tax issues that arise.

Being an executor is a very solemn undertaking and responsibility. It also carries with it significant potential legal liability in that – speaking generally – an executor must answer to beneficiaries for their conduct and account for the property (including all money) of the deceased and they can be liable for any short-falls or even for income tax owing if they do not do the taxes properly.

If estate litigation arises due to someone challenging the will or some other allegation then things can get a lot more involved.

Having reliable, experienced counsel while administering an estate will bring you peace of mind.

The probate procedure provides some protection of the interests of family members who may have claims against the estate, and some protection for the executor against claims and law suits.

It is important, in considering who your Edmonton probate lawyer is going to be, that you select one that is practical, experienced and knowledgeable about how things work in Edmonton. They should have an office in Edmonton which is fully staffed and have a solid reputation.

We are that counsel. We are that law firm. We are your Edmonton Probate Lawyers.