Private Executorship Services

One of the most important decisions when preparing your estate plan is choosing an executor to carry out your wishes.  Given the weight of the responsibility, it is important to choose someone you trust who can dedicate the necessary time to carry out your instructions.  Although many people appoint a family member or friend as their executor, you have the right to appoint anyone you choose.   Where appropriate, our office is prepared to take on the responsibility of executorship.

Clients who are preparing their estate plan and who fall into one of these categories may wish to appoint us as their executor in their Wills.  Alternatively, clients may have one close friend or family member they wish to appoint as executor and then choose to appoint our office as alternate executor.  It is also possible to appoint our office as co-executor – where we would act in conjunction with the other executor you choose.  This generally occurs where clients want a loved one involved in the administration but do not want to burden them with administrative tasks.

Time and time again we have witnessed clients struggle with the decision of who to appoint as executor of their estate.  Lypkie Henderson wants to provide a trusted solution by alleviating that stress and giving you the peace of mind that your final wishes will be honoured.

The duties of an executor are demanding and time consuming.  The responsibility can be overwhelming for someone who is coping with the loss of a loved one and who has no experience in this area.   Furthermore, someone who lives in another city, province of country may not have the ability to handle the day-to-day tasks that need to be addressed.

Our private executorship services may be appropriate for clients who:

  • Do not want to burden their loved ones with this responsibility;
  • Do not have family or friends they feel comfortable appointing;
  • May be struggling with complicated family dynamics and would prefer to appoint an objective professional.

Over 5,000 Estate Plans completed since 2001!

Your Next Steps

Please contact our Intake Specialist (Melissa) at estateinfo@lypkielaw.com or 587-401-1783.


Estate Litigation

Estate Litigation involves a legal dispute regarding an estate. These problems commonly start when someone feels they have not been fairly treated by a person’s Will or that there was some type of misconduct in the process of executing a will. When there are disagreements about how to resolve disputes over an estate, simple matters can quickly become complex.

With years of experience in navigating the issues of Estate Litigation and with a deep understanding of our clients’ needs in these matters, Lypkie Henderson regularly represents clients’ interests during what can be a stressful and difficult time.

Our lawyers can help guide you in the following areas:

  • Applications requesting an attorney to account for the handling of money under a power of attorney
  • Applications under the Dependants Relief Act seeking proper maintenance and support for a dependant
  • Defence of claims under the Dependants Relief Act
  • Claims for unjust enrichment being brought against an estate
  • Defence against claims of unjust enrichment
  • Contested applications as to who should be the administrator of an estate
  • Applications regarding the interpretations of wills
  • Applications seeking advice and directions in the administration of an estate
  • Disputes over ownership of jointly held property

Probate & Estate Administration

Probate is a process where a will is validated by a court. Although probate is not always needed, it is common in most of estates for the personal representative (executor) to apply to the court for a Grant of Probate. For example, a Grant of Probate is required in order to sell land held by the estate.

Our lawyers at Lypkie Henderson help our clients daily in applying for and obtaining Grants of Probate. We also provide ongoing advice and direction to personal representatives in handling estates.

The job of the personal representative is challenging. The main role of a personal representative involves accounting for the estate’s assets, debts, and determining who is to receive the leftover funds. However, there are a large number of additional steps involved before money can be paid to beneficiaries.

Finally, the tax consequences imposed on executors can be severe and require appropriate guidance in order to avoid personal liability. With extensive experience in estate planning and tax law, the lawyers at Lypkie Henderson can help you effectively manage the probate process.

What happens if there is no Will?

In this situation the deceased is said to have died “intestate” – which means to die without a valid will. Instead of applying for a Grant of Probate, the personal representative will apply for a Grant of Administration. The fundamental process, being the distribution of the estate assets to the rightful beneficiaries, remains the same.

Some of the matters we commonly advise executor’s on include:

  • Recording an inventory of assets
  • Having the assets properly valued, listed, and disclosed in the application for Grant of Probate
  • Accounting for changes in the value of assets
  • Transferring and selling assets as needed
  • Collecting debts and paying the bills of the estate
  • Preparing and filing income tax returns
  • Paying the medical bills and funeral expenses of the deceased
  • Distributing the remaining assets as directed under the terms of the will
  • Establishing trusts for minor beneficiaries
  • Advising executors on how to handle Estate Litigation matters that may arise

Over 1,000 Estates Administered since 2001!

Here’s what our clients have to say

Move Forward with Confidence

We know that many areas of law can be overwhelming. Whether it’s your estate, job, or business, mountains of legal documents should be the least of your worries. Let us take care of the details so you can move forward confidently into the future.

Frequently Asked Question

Questions about assets and wills for your family’s future? Our trusted lawyers will be able to help you make informed decisions with your best interests in mind.

  • What is an Executor?

    An Executor is the person or entity appointed in your Will to manage your Estate upon your passing. The Executor is in charge of a wide range of tasks required to administer your Estate. These tasks are diverse and range from making funeral arrangements to completing the final distribution of the Estate’s assets to its beneficiaries.

  • Who should I appoint as my Executor?

    Your Executor should be someone whom you trust, who has the time and ability to carry out the duties of an Executor, and who will be able to effectively manage the personal and family dynamics of your beneficiaries. It is also strongly recommended that your Executor resides in Canada.

  • Who can be an Executor?

    Any individual provided they are mentally capable and over 18 years of age, can be named as your Executor. Most clients will appoint their close family or friends. In some situations, an individual may appoint a Bank or Trust Company to act as their Executor. Our law firm provides a third option through our Private Executor Services offering.

  • Is it possible to appoint more than one Executor?

    Yes, it is possible to appoint two or more Executors to act together to administer your Estate. It is also common to appoint one or more backup Executors, being someone who will act as the Executor if your first selection is unable or unwilling to be the Executor.

  • How do I know what my rights are as an Albertan employee?

    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. 

     

  • Can I leave my Estate to whoever I want?

    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.

  • I may have been wrongfully dismissed, what are my next steps?

    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.