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Estates & Private Client

Keystone Legal advises individuals, families, executors and trustees across Alberta on estate planning and administration, and represents them when an estate is contested. Much of this work is for clients whose personal and business affairs are closely tied together, such as professionals, business owners, athletes and executives, where a will or succession plan has to account for a corporation, a partnership interest or assets held in more than one form.

Estate Planning

A sound estate plan in Alberta usually goes well beyond a will. Depending on the client’s circumstances, it may include an enduring power of attorney, a personal directive, a trust, and arrangements for passing on a business or professional practice. Keystone Legal prepares these documents under the Wills and Succession Act, the Powers of Attorney Act and the Personal Directives Act, and works with the client’s accountant and financial advisers where tax or investment planning forms part of the plan.

Services include:

  • Wills, including wills for blended families and for clients who hold assets through a private corporation
  • Enduring powers of attorney and personal directives
  • Trusts for minor children and for beneficiaries who need support over time
  • Succession planning for businesses and professional practices
  • Reviewing and updating an existing plan after a marriage, a separation, the start of an adult interdependent relationship or the birth of a child

Estate Administration

An executor or administrator in Alberta carries legal duties under the Estate Administration Act, and a misstep in the administration can leave the personal representative personally responsible. Keystone Legal advises personal representatives on applying to the Court of King’s Bench for a grant of probate or administration, on notice to beneficiaries, on dealing with the estate’s debts and assets, and on the final accounting and distribution. The firm also advises beneficiaries who are concerned about how an estate is being handled.

Estate Disputes

When an estate is contested, Keystone Legal acts for executors, beneficiaries and family members in the Court of King’s Bench, in matters including:

  • Challenges to the validity of a will, including claims of lack of capacity or undue influence
  • Applications to remove or replace a personal representative
  • Claims for family maintenance and support under the Wills and Succession Act
  • Disputes over the meaning of a will or trust
  • Applications to pass accounts, and objections to them

Several estate applications must generally be brought within six months after the grant is issued, so it pays to get advice early. Many disputes settle through negotiation or mediation, and the firm pursues that route when it serves the client. Contested applications and trials are heard in the Court of King’s Bench at the Calgary Courts Centre, where the firm appears in person.

Our Services

Planning

Administration

Disputes

Meetings are held by secure video as a matter of course, so clients anywhere in Alberta can meet with the firm without travelling, and in-person meetings are available on request in Cochrane or Calgary. Documents are exchanged through secure platforms and signed electronically where the law allows. Wills must meet strict signing and witnessing requirements, and the firm arranges each signing so that those requirements are met. Services are available in English and French, with support also available in Spanish, Tagalog, Hindi and Punjabi.

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