Our Edmonton Law Office Offers Legal Support Through Every Phase of Life
Lypkie Henderson is prepared to provide you with the legal advice and support you need to get through life’s challenges.
Whether you’re looking for legal support for Wills, Employment, Real Estate, or Business, we’re here to help.
Lypkie Henderson has advised hundreds of Albertans through the most challenging of situations. We offer clients access to employment lawyers, business lawyers, real estate lawyers, and other specialized areas of law. We strive to enforce our client’s rights and recover the damages which they have sustained. We recognize the practical realities that many people face, whether it’s losing their jobs or a loved one, preparing for a big property purchase, or dealing with labour law, and the need for concise and efficient advice. We are results-oriented and focus on understanding the best outcome for reach client and following through to ensure that we reach that outcome for them.
Here’s what our clients have to say
Lypkie Henderson is here to answer your legal questions, whether it is about Employment, Wills and Estate, or Real Estate and Corporate Law. Our lawyers are here to give you the advice and support you need.
Employees have significant rights under Alberta law. These rights are found in a variety of sources, including Court decisions and within legislation. The Employment Standards Code and the Alberta Human Rights Act are a few examples of the legislation which govern the employment relationship. Given the different sources of law that apply to employment relationships, it is important to obtain legal advice to understand your rights and obligations as an employee.
No. The law requires individuals to honour their obligations to their spouse and any other dependants they may have. This obligation does not disappear just because a person is deceased. It is also important to remember that death triggers tax obligations which must be satisfied at that time. Therefore, only after you have satisfied your obligations to your dependants and the tax department will you be free to dispose of your remaining assets as you wish.
You should seek legal advice. An employment lawyer can discuss your case, the risks associated with it, and ultimately help you to assess whether it is worth pursuing against your former employer.
A Power of Attorney is a legal document naming a specific person to manage a person’s property and financial affairs. Most Powers of Attorney are drafted to enable this authority to arise in the event that a person loses the mental capacity to manage their own affairs.
A Personal Directive is a legal document naming a specific person to manage an individual’s personal and health care decisions in the event that they are incapable of doing so.
Probate is the judicial procedure by which a testamentary document is established to be the valid will of a deceased person. If the Court is satisfied that the will put forward is the proper will of the deceased, it will issue a Grant of Probate. The Grant of Probate is a court order that confirms the will and appoints the Personal Representative. It is important because it gives the personal representative legal authority to deal with the deceased’s bank accounts, investment accounts, real estate, and other assets.
Unless the sums invovled are small, most banking and investment companies will not transfer assets to a Personal Representative without a Grant of Probate. A Grant of Probate is also necessary to transfer land at the Land Titles Office. Therefore, obtaining a Grant of Probate is often a critical step in the adminstration of an Estate.
In the vast majority of Estates it is necessary to obtain Probate of the deceased’s Will.
The main reason is that the majority of Estates include real property – whether it is the deceased’s primary residence or other real estate holdings. The Alberta Land Titles Office will not permit land to be transferred unless a Grant of Probate is obtained.
Another key reason for obtaining a Grant of Probate is that banking and financial institutions will generally not release funds to a Personal Representative unless Probate is obtained. The reason for this is simple – how does the bank know who is the proper Personal Representative? What happens if the Bank were to release funds to the wrong person or to a person who was attempting to defraud the Estate? In that situation, the Bank would likely be liable to the Estate for the funds which were improperly released. Therefore, in order to protect against this it is the practice of the majority of financial institutions to require a Grant of Probate before funds are released to the Personal Representative.
Probate Fees are basically taxes which are payable before a Grant of Probate will be issued.
There is a lot of material out there which talks about the steps to be taken to avoid Probate Fees. This is because in Ontario and British Columbia Probate Fees can be very onerous. In Ontario, the “Estate Administration Tax” is calculated using the following formula:
The result is that for an estate valued at $500,000, the Probate Fee payable to the Ontario Government would be $7,000.
In Alberta, the maximum Probate Fee payable is $400. Therefore, unless you own assets located outside of Alberta, there is no reason to structure your estate plan to avoid Probate Fees.