Estate Lawyer in Calgary

Estate law touches multiple stages of life. An estate lawyer in Calgary at Centobin Law Office works with clients on:

• Estate planning — creating wills, trusts, enduring powers of attorney, and personal directives that comply with Alberta’s Wills and Succession Act (WSA)
• Incapacity planning — ensuring a trusted person has legal authority to manage financial and personal decisions if capacity is lost, through an Enduring Power of Attorney (EPA) and a Personal Directive under Alberta’s Personal Directives Act
• Probate and estate administration — guiding personal representatives through Surrogate Court applications, asset collection, debt settlement, and distribution to beneficiaries
• Estate dispute resolution — representing clients in will challenges, dependent relief claims, breach of fiduciary duty matters, and interpretation disputes

Many Calgarians assume estate law only applies to high-net-worth individuals or elderly clients. An estate lawyer in Calgary at Centobin Law Office serves anyone with assets, dependents, or personal wishes they want legally protected — including young families, business owners, and newcomers to Canada building their first estate plan.

A complete estate plan prepared by an estate lawyer in Calgary at Centobin Law Office typically includes:

• A legally valid will — specifying asset distribution, naming a personal representative (executor), and appointing guardians for minor children
•  An Enduring Power of Attorney (EPA) — granting a trusted person authority to manage financial affairs if the donor loses mental capacity, as governed by Alberta’s Powers of Attorney Act
• A Personal Directive — designating an agent to make healthcare and personal care decisions if the maker becomes unable to make those decisions independently, under Alberta’s Personal Directives Act
• Trust structures where appropriate — including testamentary trusts within a will or inter vivos trusts established during the maker’s lifetime, for asset protection, tax planning, or special needs beneficiaries
• Beneficiary designation reviews — ensuring registered accounts (RRSPs, TFSAs, life insurance) align with the will and overall estate plan
• Digital asset directives — providing instructions for online accounts, cryptocurrency holdings, and digital property

Under Alberta’s Wills and Succession Act, intestate distribution follows a fixed statutory formula:

• If the deceased had a spouse or adult interdependent partner and no children (or only children of that relationship): the surviving spouse or partner receives the entire estate
• If the deceased had a spouse or partner and children from a different relationship: the surviving spouse or partner receives the first $150,000 (the preferential share) plus 50% of the remainder, and the children divide the other 50%
• If the deceased had children but no spouse or partner: the children share the estate equally
• If the deceased had no spouse, partner, or children: the estate passes to parents, then siblings, then more remote relatives, following the statutory order

Alberta’s probate process involves two primary court applications:

• Grant of Probate — issued when the deceased left a valid will. The personal representative named in the will applies to the Surrogate Court to confirm their authority.
• Grant of Administration — issued when the deceased died without a will (intestate). An eligible family member applies to the Court for appointment as administrator under the WSA’s priority rules.

Both grants require the applicant to file detailed inventories of assets and liabilities, publish a notice to creditors, and account for all estate transactions. Financial institutions and the Alberta Land Titles Office typically require a grant before they will transfer assets or property title.

Common estate disputes handled by an estate lawyer in Calgary at Centobin Law Office include:

• Will challenges — contesting a will on grounds of lack of testamentary capacity, undue influence, fraud, or failure to meet the formal requirements of Alberta’s Wills and Succession Act
• Dependent relief claims — applications under Part 5 of the WSA by spouses, adult interdependent partners, or dependent children who were not adequately provided for in the will
• Breach of fiduciary duty — claims against personal representatives who mismanage estate assets, engage in self-dealing, fail to account, or delay distribution without justification
• Interpretation disputes — disagreements about the meaning of specific terms, clauses, or conditions in a will or trust document
• Passing of accounts — formal court proceedings where a personal representative presents a detailed accounting of all estate transactions for approval by the beneficiaries and the Court

Common triggers for consulting an estate lawyer in Calgary at Centobin Law Office include the following life events:

• Getting married or entering an adult interdependent partnership in Alberta
• Having or adopting children
• Purchasing a home or investment property
• Starting or acquiring a business
• Receiving a significant inheritance
• Going through a separation or divorce
• Being diagnosed with a serious illness
• Moving to Alberta from another province or country
• Turning 18 — the legal age to make a will in Alberta
• A loved one’s death requiring estate administration or probate

Newcomers to Canada who are building their first Canadian estate should consider how immigration status, foreign property, and cross-border obligations interact with Alberta estate law. Clients with criminal inadmissibility concerns should consult a criminal inadmissibility lawyer in Calgary  at Centobin Law Office to understand how unresolved legal matters may affect their ability to manage Canadian assets.