At Baruss Legal, most Estate Planning packages cost approximately $650 per person. If there is any extra billable work to be done, we will let you know upfront before getting started. Please contact us here for a quote.

A Will, Power of Attorney, and Personal Directive are included in the Estate Planning Package alongside 20 years of legal experience to know the right questions to ask and the best way to help ensure all of your wishes are met.

At the beginning of the Estate Planning process, we will quote you a flat fee. You don’t have to worry about any hidden charges regardless of how long (or how many emails) it takes to sort out your documents. If there is any extra billable work to be done, we will let you know upfront before getting started.

We do our best to make Estate Planning easy. There are only eight steps between you and a professionally drafted Will, Personal Directive and Power of Attorney.

1. Get in contact with Cherie at cherie@blegal.ca, or by phone at 587-894-9401.

2. We’ll email you a copy of our Estate Planning questionnaire to fill out. Don’t be intimidated! While it’s extensive and covers lots of details, you can highlight any areas you have questions about and we’ll be happy to help clarify.

3. Email your completed questionnaire back to Cherie.

4. After reviewing your questionnaire, Cherie will connect with to sort out any remaining questions.

5. Once all of our questions have been answered, we’ll use your completed questionnaire to draft the legal documents you require.

6. Once we’ve drafted everything, we’ll set up a virtual meeting to review the documents together. During that appointment, we’ll discuss some options, the risks and benefits of the decisions you have made, and make any necessary adjustments.

7. Once your documents are finalized, we’ll book a quick signing appointment that only takes about 15 minutes. Stretch your hands— there is going to be a lot of signing.

8. We’ll send you home with your completed Estate Planning Package, email you digital copies of your files, and give you fulsome instructions about storage and distribution. Cheque, cash, or e-transfer is accepted.

To get started, we’ll ask for your contact information including your full legal name, address, email address and phone number.

From there, we’ll email you our Estate Planning questionnaire. It covers everything from your personal banking information to what you wish to have communicated in your Will, Power of Attorney and Personal Directive. It is quite extensive and at first glance, can be incredibly intimidating. But, we only ask that you fill out as much as you can while highlighting any areas you have questions about.

We’re pros at answering all the tough questions. Promise.

We’re passionate about ensuring that everything you hold near and dear is taken care of, including your fluffy friends!

Pets are considered property that can be “gifted” as part of your Will. Just like any of your other prized possessions, you can dictate who will care for your pet, and leave them any goodies necessary to help ensure the transition between homes is as smooth as possible.

Estate planning is a legacy of love for your four-legged friends, too.

Simply put, yes. There are very few circumstances where a Will isn’t necessary and even in those cases, the cost of doing your Will now is much less than the potential costs of legal fees after your death if it is determined you should have had one.

You certainly need a Will if you have:

• a house;

• a bank account not jointly held;

• an investment over $10,000;

• a car;

• children;

• digital assets;

• money owed to you; or,

• debts owed to others.

This list is not exhaustive, and in most circumstances, we find that a Will is a gift of love and organization for your family.

Well, we’re a little biased, but yes. Here’s why: Wills (and Powers of Attorney and Personal Directives) are the last words you may have about how your money, health, or estate are handled. One word out of place, or one missed thing, can create much confusion and usually will create conflict and legal fees well beyond what it would have cost to do it well the first time. Our experience, our training, and our commitment to continued legal education give you the best chance at making sure it is done well and done right.

We recommend keeping your Estate Planning documents in a waterproof, fire-proof box located on the top floor of your house, near an outer wall.

We want to ensure that your documents can survive a house fire and are easily accessible when needed. Because the waterproof, fire-proof box isn’t for keeping people out, we recommend leaving the key in or near the box for easy access.

You should not keep your Estate Planning documents in a safety deposit box. Your documents should be accessible at all times, and banks are notorious for fickle business hours (particularly during statutory holidays and long weekends).

Ensure that you let your Executors, Attorneys, and Agents know where your documents are located and how to access them when they are needed.

We like to encourage our clients to do an annual review of their Estate Planning documents to ensure they continue to accurately reflect your wishes.

Here are a few things you should consider when reviewing:

• Have you had more children since your documents were signed?

• Have your executors moved out of the country, or if your executors were ageing, are they still capable of handling the responsibility of your estate?

• Are the terms of the trust for your children still as you would like them?

• Have you married, divorced, or remarried?

• Have you had a substantial change in your financial situation?

• Have you moved out of the province/out of the country?

You will likely only find that you need to make updates to your documents once every 3-5 years or with significant life changes (a new baby, a wedding, a death). We will send you an email once a year to remind you to consider if your documents still reflect your wishes, and we are always here (free of charge) to answer your questions if you aren’t sure if a change is needed.

In every document we write, there is a caveat that cancels the appointment of a spouse in the event of permanent separation, however, if you’re in the process of separating or divorcing your spouse, you may be left without an alternate to act in their stead. We strongly encourage you to consider updating your documents as soon as possible.

Any necessary changes to your documents will cost a flat rate. Please contact us here for a quote.

Here are some things to consider:

• Who would I like to appoint as executor of my will? Do I have an alternate executor in mind?

• If applicable, who would I like to appoint as guardian of my minor children?

• Do the family demise provision of my will or the specific gift provisions of my will need to be amended to reflect the change in my marital status?

• Have I changed the beneficiary of my investment accounts?

• Have I considered any provisions for life insurance/beneficiary designations in accordance with the divorce decree or separation agreement?

• Have I adjusted or closed joint bank accounts in accordance with the divorce decree or separation agreement?

• Who would I like to appoint as my agent in my personal directive?

• Who would I like to appoint as my attorney in my power of attorney?

An executor has many responsibilities. An executor gathers up the estate assets, pays the debts of the deceased, files final taxes, sells assets that may need to be sold, handles probate, and divides what remains of the deceased's estate among the beneficiaries.

Your circumstances are unique so we cannot say for sure if a corporate executor would be best, but in most cases we find that bank/corporate executors are very expensive for average-sized estates and that a family member or friend, under our guidance and with our check lists, may be just as well suited to doing the job so that your money goes to your beneficiaries, not to the bank.

An Enduring Power of Attorney is a legal document (that can come in to effect immediately when signed or be triggered into effect when you lose physical or mental capacity to make decisions for yourself) that appoints someone to make decisions about your property and finances on your behalf when you are not able to do so for yourself.

As an attorney, you must:

• Review the EPA’s provisions.

• Note whether or not the donor specifies that funds can be used to benefit others, such as a spouse, dependent children, or charitable groups.

• Note what must be done to bring the EPA into effect. Some EPAs are effective on the date they are signed. However, most come into effect only when the donor loses mental capacity. In any case, a letter is required, indicating that the triggering event (the donor’s incapacity) has occurred. The donor may have specified who is to make this decision. If that is not the case, two medical practitioners must make it.

• Advise all financial institutions with whom the donor deals that the EPA is in effect and that you are the appointed attorney. Provide a notarized copy of the EPA to the banks or other financial institutions. Transfer the donor’s bank accounts into your name as attorney for the donor.

• Register the EPA against the donor’s title to any real property (land). The Land Titles Office requires an original EPA (which they keep). If the EPA is not effective immediately on signing (i.e., if it is a “springing EPA”), you need a notarized copy of the letter that indicates the EPA is now in effect.

• List all of the donor’s property with current market values.

• Ensure that real property (land and houses, commercial and farm buildings, etc.) are adequately insured. Notify the insurance company that you are acting as attorney.

• Determine all of the donor’s debts and arrange for payment.

• Arrange for the payment of recurring debts, such as nursing home fees, utilities, phone, etc.

• Determine the monthly payment to the donor required for his or her living expenses.

• Arrange to receive the donor’s mail.

• Arrange to list the contents of any safety deposit box.

• Obtain a copy of the donor’s will. Note the donor’s intentions about his or her property in his or her will and ensure that his or her wishes are carried out as far as possible.

A Personal Directive, often colloquially referred to as a Living Will, is a legal document that is triggered into effect when you lose physical or mental capacity to make decisions for yourself and that appoints someone to make decisions about your health and wellbeing when you are not able to do so for yourself.

As an agent, you must:

• Act honestly and in good faith.

• Act as fair as possible, and try to help the individual regain independence.

• Choose the least restrictive, least intrusive course of action that is available and appropriate.

• Encourage the individual to participate in their personal care decisions.

• Try to establish regular personal contact between the individual and those family members and friends who support them.

• Consult from time to time with supportive family and friends, and with whoever is providing the individual personal care.

• Follow the instructions and wishes the individual made while they were capable, unless it’s impossible to do so.

• Make the decision that you believe they would have made in the circumstances, given your knowledge of their wishes, beliefs, and values. Where you do not know what decision they would have made, to make the decision you believe in the circumstances is in their best interests.

A personal directive ceases to have effect in the following circumstances:

• During any period in which they regain and have capacity.

• On their death.

• On the death or mental incapacity of the agent (unless there is an alternate agent).

• When it is cancelled or revoked (provided the individual is mentally capable of understanding what they are doing).

• By order of the court.

It is best to obtain specific legal advice about this question. Sometimes the Green Sleeve is sufficient, but often times the Personal Directive will cover situations in which the Green Sleeve does not apply.

At this time, the law does not allow for a Personal Directive to allow another to elect MAID on your behalf.

Probate is the process of certifying the validity of the will and the assurance from the court that the testator (the will-maker) has met their legal obligations under the law. A Certificate of Probate is a court order certifying that the will can be administered by the executor.

Each estate is unique, but we find that most basic estates costs between $3,500-$5,000 in legal fees to administer. We encourage and guide executors to do as much themselves to save on legal fees, but we are here to see them through each step as needed. We do not bill by a percentage of the estate, we simply bill by the hour for the work we do.

Please reach out to us here if you don’t know whether probate is required. Each situation is unique and there is no one answer.

Yes, we are here to guide you. Please contact us here and we will be glad to work with you.

You do. In order to have a mortgage prepared and title transferred, you require a lawyer in Alberta. It is mandatory to work with a lawyer because it is the lawyer’s job to make sure the transfer of land from seller to buyer is legally enforceable and binding.

There are two components related to the costs incurred with a lawyer to buy a home:

1. Legal fees

2. Disbursements (also known as expenses incurred on your behalf such as land titles registration fees, courier fees, title search fees etc.)

Legal fees are $1,000 on a purchase. Disbursements vary widely based on a variety of factors, including the price of the home and title insurance requirements.

Yes you do. You might be comfortable preparing a Transfer Of Land and moving through the other steps as set out above. But if you have an existing mortgage, no buyer’s lawyer will send you the sale proceeds in trust that you use them to pay out your existing mortgage. Buyer’s lawyers can impose trust conditions on the seller’s lawyer that we use the sale proceeds to pay out in existing mortgage but they cannot impose trust conditions on you, the seller. Therefore, if you have a mortgage, in almost all cases you need a real estate lawyer.

There are two components related to the costs incurred with a lawyer to sell a home:

1. Legal fees

2. Disbursements (also known as expenses incurred on your behalf such as land titles discharge fees, courier fees, title search fees etc)

Legal fees are $850 on a sale. Disbursements vary widely based on a variety of factors, including search requirements, and RPR requirements.

Legal fees are the fees for my services as a lawyer. Disbursements are actual costs incurred on your behalf by us while working on your file. At Baruss Legal we only charge what we incur, so you won’t find any extra fax or photocopying charges on our accounts.

The Seller in a real estate transaction is typically responsible for payment of any real estate commissions on a deal. The deposit paid by the buyer is held in trust by the seller’s agent and is applied to the commissions owing. Any excess owing will be paid by us when we receive the cash to close the transaction on the closing (possession) date.

Alberta does not charge a land transfer tax. However, you will be charged a property registration fee. The property registration fee has two components: Property Value Component: $50, plus $1 for every $5,000 of purchase price (rounded up). In other Canadian provinces, land transfer tax is calculated based on the land value (the consideration paid/received). For example, in Ontario, land transfer tax is calculated as follows:

• amounts up to and including $55,000: 0.5%

• amounts exceeding $55,000, up to and including $250,000: 1.0%

• amounts exceeding $250,000, up to and including $400,000: 1.5%

• amounts exceeding $400,000: 2.0%

• amounts exceeding $2,000,000, where the land contains one or two single-family residences: 2.5%.

In British Columbia, land transfer tax is calculated as follows:

• first $200,000: 1%

• $200,000-$2,000,000: 2.0%

• $2,000,000-$3,000,000: 3.0%

• over $3,000,000: 5.0%

We love to hear from you as soon as you are serious about making an offer, but if you have been working with a real estate agent we would like to hear from you before the deal is finalized so that we can ensure that the real estate agent has all of our contact information for the final paperwork on their end.

In a joint tenancy, each owner has an undivided interest in the whole which comes with a right of survivorship. What this means is that when one joint tenant passes away, their interest in the property is absorbed by the surviving joint tenant(s). The last surviving joint tenant owns the property in its entirety. This is the most common form of ownership between couples with respect to the family home for example.

Tenants in common ownership specifies the proportion of the property that each owner owns. Any division or percentages of ownership are acceptable. In this case, when a tenants in common owner passes away, their share falls into their estate and is ultimately inherited by their beneficiaries. This form of ownership is commonly used for business partners and often for family cottages that have been passed down to the next generations, so they can continue to inherit proportionally to their parents’ shares.

While we can assist you with your commercial real estate needs, we find that it is a very specialized area and we often prefer to have one of our trusted legal colleagues assist you. Either way, we will make sure you are in the right hands and get the best possible service.

A corporate annual return is a required filing under the Business Corporations Act. If this annual return is not filed, your corporation can be dissolved. To file an annual return, you will need the names, addresses and % of voting shares for each of your top 5 shareholders, as well as your ID and the annual return form. We can help you file all this at Baruss Legal, and we will also prepare for you the annual maintenance package to ensure that your minute books are kept up to date.

We can help you incorporate, dissolve, update, buy, or sell a business.

A basic incorporation with minute books costs $1,100 + GST. All other corporate services are estimated and billed on an hourly basis. Please do not hesitate to reach out to us here for a quote.