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Private Client law in Calgary, Canada focuses on providing legal services to individuals and families regarding personal assets, estates, and related legal matters. This area of law includes estate planning, wills and trusts, powers of attorney, incapacity planning, probate, estate administration, and taxation of estates. The goal of Private Client law is to help people safeguard their wealth, ensure their wishes are respected, and make the legal process smoother for their loved ones. Calgary, being in Alberta, is governed by both provincial and federal laws that affect how these matters are handled.
There are several situations where you might need a lawyer specializing in Private Client law in Calgary. Common scenarios include:
In Calgary, Private Client law is primarily governed by provincial legislation in Alberta. Important laws include the Wills and Succession Act, which dictates how estates are distributed if there is no valid will, and how wills should be drafted to be legally valid. The Estate Administration Act outlines the duties of executors during estate settlement. Powers of Attorney and Personal Directives are covered under the Personal Directives Act and the Powers of Attorney Act. Alberta also recognizes both probate and non-probate transfers, and there are unique rules for family members, common-law partners, and dependent children.
Taxation issues are influenced by both federal and provincial tax laws, including the Income Tax Act (Canada). It is important to comply with all legal requirements, as errors can result in delays, increased costs, and family disputes.
Probate is the legal process of validating a will and appointing an executor to administer the deceased's estate. Not all estates require probate. If assets are jointly held or have named beneficiaries, probate may not be needed. However, many financial institutions require probate for significant assets.
If an individual dies without a will (intestate), the estate is distributed according to Alberta's Wills and Succession Act. The law sets out a specific order for distribution among surviving spouses, children, and other relatives.
A valid will in Calgary must be in writing, signed by the testator (the person making the will), and witnessed by two individuals who are not beneficiaries or the spouse of a beneficiary. Holograph wills (handwritten and signed by the testator) are also valid.
A power of attorney is a legal document that appoints someone to manage your financial affairs if you become unable to do so yourself. It is important for incapacity planning and often complements other planning documents like wills and personal directives.
Yes, you can update your will at any time as long as you are mentally capable. Changes must meet legal requirements, such as preparing a new will or adding a formally executed codicil (an amendment).
Common-law partners, known in Alberta as Adult Interdependent Partners, have similar rights as married spouses for inheritance if they meet certain criteria, including cohabitation for at least three years or having a child together.
A personal directive is a legal document in Alberta allowing you to appoint someone to make personal and health care decisions for you if you become unable to do so. It only comes into effect when you lose capacity.
Alberta does not have a provincial estate or inheritance tax. However, the estate may need to pay income tax returns (final returns, and certain taxes on registered assets) under federal laws. Executors must ensure these are settled before distributing assets.
Yes, family members can contest a will in certain circumstances, such as concerns about undue influence, lack of capacity, or improper execution. Dependent spouses or children can also apply for maintenance and support if they feel insufficiently provided for.
Estate administration timeframes vary depending on complexity, the need for probate, payment of debts, and resolving any disputes. Simple estates can close in several months, but more complex ones may take a year or longer.
Several resources and organizations can help those seeking legal advice in Private Client matters in Calgary:
If you believe you need legal advice or services related to Private Client matters in Calgary, consider the following steps:
Seeking legal advice early on can help you avoid problems later and give you and your loved ones peace of mind.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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