Wills, Estate Planning, Probate and Estate Administration
A carefully prepared Will is the first step to sound estate planning. We provide experienced thoughtful advice and assistance in Will preparation as well as other critical estate planning tools.
Enduring Powers of Attorney
An Enduring Power of Attorney is a legally binding document that allows you to transfer the management of your financial and legal affairs to another person of your choice (your “Attorney”). Your Attorney will be able to deal with your assets and financial matters on your behalf if you become mentally incapacitated. We can help you create an Enduring Power of Attorney and explain to you its legal implications and advantages to you and your family.
A Personal Directive is a document that provides directions regarding who can make decisions about your personal matters, including medical treatment, if a you become mentally incapacitated. A Personal Directive allows you to appoint a person whom you trust, (your “Agent”) to make and carry out these decisions for you.
Advice and Assistance to Attorneys, Agents, Personal Representatives, Guardians and Trustees
Usually a person called upon to administer an estate (a “Personal Representative”) has no prior experience. The task of estate administration involves significant legal obligations and liabilities. The process can be complex, time consuming and frustrating, and for these reasons, may seem overwhelming at the outset. We can provide advice and answers to all your questions and guide you through the entire process in an understanding and practical manner.
Court Applications Pursuant to Adult Guardian and Trustee Legislation
Our lawyers can provide services in matters related to the Alberta Adult Guardianship and Trusteeship Act. We can assist in preparing the required documents and making any necessary court applications.
The Personal Representatives of a Will often have to obtain a legal document issued by the Court known as the “Grant of Probate”. This document confirms the validity of the Will and authorizes the Personal Representatives to take control of the deceased’s assets. The application process has many legal requirements and is very detailed. Because of our experience, we can ensure that your application is properly prepared and presented to the Court.
We can assist clients in contested estate matters that arise from poorly written or improperly signed Wills, dependent relief legislation, elder abuse, undue influence, insufficient capacity, and fiduciary duty breaches. Regardless of the nature of the dispute or the people involved, our litigation group always approaches each case from a sensitive and pragmatic viewpoint. We ably champion our clients’ interests in Court if a negotiated settlement is unattainable.
Estate and Succession Planning
Prowse Chowne LLP has expertise in all areas of estate and succession planning. We provide sophisticated legal and financial planning advice to businesses and individuals. Our mandate is to achieve our clients’ goals by:
- Analyzing clients’ business and personal needs and objectives;
- Advising clients about taxes, Wills, Trusts, Enduring Powers of Attorney, Personal Directives, Unanimous Shareholder Agreements, Life Insurance and other planning tools;
- Assisting clients with charitable giving through trusts, foundations and other mechanisms;
- Identifying and resolving potentially troublesome issues in advance;
- Implementing practical solutions to unique client problems.
Through sound, practical and professional estate and succession planning, our clients’ needs such as wealth preservation, tax minimization, orderly succession of a business between generations, charitable giving and the easing family distress at times of illness or death can all be achieved.