Fast Tracking Grant Approval

In our recent bLAWg post, we shed light on the typical time frame for a Grant of Probate or Administration approval. However, you may find yourself in a situation that calls for a quicker turnaround. Here’s how you can help expedite the process:

  1. Enlist the right expertise: Choosing an experienced firm is key. Interpretations of the Wills and Succession Act (Alberta) and Surrogate Rules (Alberta) are ever-evolving, even if the regulations themselves change infrequently. Techniques that worked yesterday may not be applicable today. At Summit Legal Group, we stay abreast of these changes and are consistently in touch with the Surrogate section of the Court to ensure our applications align with the current expectations.
  2. Full disclosure is the best approach: Before we start, we circulate a comprehensive questionnaire to the proposed executor. This information gathering is crucial as minor mistakes such as misspelled names or incorrect addresses can lead the court to return the application for revisions. Plus, we can only guide you based on the information you provide, so being as thorough as possible in your responses allows us to assist you better.
  3. Ensure you have a valid will: Make sure you and your loved ones have valid wills. As we’ve highlighted before, grants eligible for electronic submission can often be approved in a matter of weeks, instead of months.

Don’t let the process of obtaining a grant slow you down. Reach out to Summit Legal Group’s team of skilled Estate professionals today for efficient and cost-effective Estate solutions, and let us help you navigate this journey with speed and precision.

Craig Gorham
Certified Executor Advisor

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. Craig can be reached directly at 587-393-2069 or craig@summitlegalgroup.ca.

Get Answers to Your Probate Questions: How long does it take?

A frequently asked question from executors pertaining to securing a Grant of Probate or Administration is: ‘How long does the process take?’ (a close second to ‘What’s the cost?’). Thankfully, the era of drawn-out applications leading to postponed distributions to beneficiaries is mostly a thing of the past. Currently, over half of our probate applicants receive their approved grant within 30 days of their first consultation with our office – however it hasn’t always been that way.

In April 2022, the Court of King’s Bench of Alberta unveiled a new system for submitting and approving probate and administration grants in Alberta. This system, which came into effect on June 14, 2022, modernized the process by doing away with the old ‘NC Forms’ and introducing the simplified ‘GA Forms’. Furthermore, the new Surrogate Digital Service now enables members of the Law Society to file probate applications electronically, phasing out the traditional paper submissions.

Prior system was slow

Looking back, it’s helpful to gauge how far we’ve come. Before the changes, we analyzed all grant applications filed by Summit Legal Group at the Calgary Courthouse from January 1, 2021, to June 13, 2022. During that period, the average time between the Court ‘filing’ the application and notifying us of the grant’s approval was 89 calendar days. This, however, varied significantly with some applications getting approved in as short as 28 days and others taking as long as 193. In our experience, applications sent to the Edmonton Courthouse took longer than average to get approved while those sent to smaller city Courthouses (Lethbridge, Red Deer, etc.) usually received faster approvals.

Digital submissions are fast

Fast forward to today and the effects of the digital submission system are overwhelmingly positive for our clients. Probate applications processed during the first year of the digital service have seen an average turnaround of only 15 calendar days from the time the Clerk accepts the application until we receive approval. We’ve even seen approvals within 3 days, although we generally advise clients to anticipate 2 – 3 weeks.

Improvements with analog submissions too

On the other hand, not all applications are eligible for submission via the Alberta Court’s digital service, including all cases where the deceased did not leave a will, known as a grant of Administration, and a small percentage of probate applications. Nevertheless, the approval process has sped up here in Calgary too, with the average approval time now down to 78 calendar days – almost a two-week improvement on the old system.

With multiple lawyers in house, along with a Certified Executor Advisor, Summit Legal Group is uniquely qualified to assist you with all of your probate and estate administration needs. Please contact us and you’ll find out why we’ve earned more than 170 5-star google reviews.

AUTHOR

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. Craig can be reached directly at 587-393-2069 or craig@summitlegalgroup.ca.

A Comprehensive Guide to Managing a Deceased Person’s Online Presence

If you’ve found yourself in the role of an executor, executrix, personal representative, or administrator, you’re likely facing a myriad of responsibilities in administering an estate. Thanks to many law firms, financial institutions, and the Canadian Institute of Certified Executor Advisors, you have access to plenty of organized lists—often free of charge—to help guide you.

However, one frequently overlooked area is managing the deceased’s online accounts and social media profiles. These assets, although more personal in value than financial, are crucial to address. In this guide, I’ve reviewed the most popular online sites and social networks in Calgary, Alberta, Canada and gathered instructions on to help you manage each platform’s specific processes.

Managing Facebook Accounts Posthumously

Facebook, the globally renowned social media network, has a dedicated page in their online help center to manage a deceased person’s account. They offer the option to memorialize an account, or to remove it if necessary. You can access Facebook’s guidelines here.

Google Accounts: Gmail, YouTube, Blogger and More

Google, home to popular services like Gmail, Blogger, and YouTube, allows users to pre-set administration preferences for their account upon their incapacitation or death. You can access their Inactive Account Manager here. If the deceased did not have this service set up, you can request the closure of the deceased’s accounts here.

Microsoft: Outlook, Hotmail, Onedrive

Microsoft requires a Court Order to modify an account posthumously, otherwise, they close accounts automatically after 2 years of inactivity. Learn more about their policies here.

LinkedIn Profiles After Death

LinkedIn allows the court-appointed executor to either memorialize or close the account on behalf of the deceased. Find out how to manage a LinkedIn account posthumously here.

Instagram: A Unique Approach

Instagram, although owned by Meta Platforms, has a separate process for managing the account of a deceased. Discover their guidelines here and here.

Twitter Policies for Deceased Users

You can request the removal of a deceased family member’s profile by providing relevant documents to Twitter. Learn more about their process here and here.

Apple: Providing a Legacy Contact

Similar to Google, Apple allows users to designate a Legacy Contact who will manage their data after their death. Learn more about Apple’s policies here.

Pinterest: A Closer Look

Pinterest, one of the internet’s most popular image-sharing services, is a bit more reserved about their procedures. You can find their account closure policy here.

In Summary

We hope this comprehensive guide will assist you in your duties as an executor, particularly when dealing with online platforms. Did we miss any platforms? Please let us know and we’ll include it in a future update.

At Summit Legal Group, one of Calgary’s top-rated law firms, we have the expertise to assist you with estate-related needs, from planning your own estate to applying for a grant of probate or grant of administration with the surrogate court. Get in touch to discover how we can support you.

Author

Craig Gorham is a Certified Executor Advisor at Summit Legal Group, guiding clients through the Estate Administration process with compassion, empathy and a wealth of specialized knowledge. Craig can be reached directly at 587-393-2069 or craig@summitlegalgroup.ca.

Estate Planning for Self-Employed Individuals and Small Business Owners

When you leave your pet for a weekend, you have a plan. You know who’ll feed it and how much it will cost. So, what happens when you step away from your business for the weekend? More importantly, what will happen when you leave your business for much longer – as in, permanently?

Anyone who owns a small or medium-sized business, regardless of age or stake in the company, should give some serious thought to succession planning. Why? Because you never know when you’re going to be hit by a wayward bus. That metaphorical bus could kill you; or worse, could leave you physically or mentally incapacitated. In addition to a will, you should also have a personal directive and power of attorney to deal with financial and health care matters in the event the metaphorical wayward bus doesn’t kill you, but you become physically or mentally incapacitated.

If a business owner dies and there’s no plan in place, it’s the survivors who are left without direction. While your business might be humming along right now, how will it be if you’re not around? Executing someone’s affairs after death is a whole new, and potentially messy, ballgame. If you want to take care of business even after you’re gone, you need to plan what will happen to your estate, and that includes your business.

As a business owner, it’s quite likely that a significant portion of your wealth, and your family’s source of income after your death, is tied up in the family business. The success of your estate plan is dependent upon the business being transitioned to the next generation or sold to someone outside the family for a fair price. Proper estate planning can keep your business from becoming a fire-sale.

The key to successful estate planning is communication and documentation. You want to communicate with your family about a wise path for the future. But you also want to document those wishes in an estate plan to prevent future disagreements. I recommend clients review their wills every five years, or when their circumstances change, such as the birth of children, deaths in the family or a change in their financial circumstances.

SELF EMPLOYED & SMALL BUSINESS OWNERS

Estate planing considerations for small business owners include:

Minimizing Taxes

If nothing else, one good reason for estate planning is to minimize the amount your estate will owe in taxes. You’ve worked hard to establish your business as a profitable entity. Don’t lose the fruits of your labor to the CRA in taxes.

Owner Dependent Business

Although the business may, in fact, become worthless upon the owner’s death, tax may theoretically be imposed on the value of the business on the day before the owner died. If the owner’s death is unexpected the business may be thriving immediately prior to the owner’s death. To minimize the risk of the surviving family members owing tax on a business that no longer exists, you should document the business plan and the business’ characteristics that act to limit transferability of the business. Your ability to prove the limited value of the business is crucial to avoiding tax on a business that no longer exists.

Sole Proprietors

If you’re a sole proprietor, you’re well aware that your business is not separate from your personal assets – in a sense, your business is you. Probably more than any other type of business organization, you need a clear plan of action for what should take place after you’re gone. What you own personally can be used to cover business debts. Delegate and prepare your successor if you want to pass on the business. If you want to sell the business, do the research that will make selling it easy and inexpensive for your heirs.

Family Run Business

In a family-run enterprise, you may have some heirs who are involved in the business and others who are not – how do you divide your business assets? Many people choose to distribute assets based on a relative’s contribution level. Let’s say two of your children are going to take over the family business. Do you want your third, uninvolved child to have an equal share? Perhaps you want the two involved siblings to buy out the third. Regardless of what you decide, controlling these types of choices is critical. After all, the passing of a family member is hard enough to deal with on its own. Proper estate planning at least allows your business to have a smooth transition.

Buy-Sell Agreements

A buy-sell agreement is a contract between shareholders or partners which establishes a plan for the business in case one of the owners dies or becomes incapacitated. The principal benefit of a buy-sell agreement is that it establishes a sale price for the business and your share of the business. A buy-sell lets you document whether or not you want your partners to buy out your share, if you want to block certain individuals from having a role in the business, or if you want your heirs to sell your portion. Since the business price has been established, family members know they are receiving a fair price.

As any good business plan anticipates the future, a buy-sell agreement is simply another aspect of good business. While creating a buy-sell agreement requires open communication with both your family and your business partners, which can be difficult to achieve, it will establish a solid path for the future, greatly reducing any potential for disaster.

Life Insurance

If the business assets are not liquid, where do partners get the capital to buy out a deceased partner’s shares? Very often, the necessary capital comes from life insurance. This is a common business practice – each partner takes out a life insurance policy which names the other owners as beneficiaries. This strategy gives surviving owners tax-free proceeds to purchase the deceased’s portion of the business from his or her estate.