Plain-language questions and answers about Alberta law.
Whether a builder can raise the price after you sign depends mainly on your contract's wording; new condo buyers may also have a right to rescind.
Read the full answer →Yes. An adult child unable to earn a livelihood because of a disability can apply for support from a parent's estate under the Wills and Succession…
Read the full answer →Yes. You can have an Alberta lawyer review a purchase contract before you sign, and legal advice on a purchase is reserved to Alberta lawyers.
Read the full answer →Yes. In Alberta, an interested person can apply for a court order requiring a personal representative to account, and refusal can lead to removal.
Read the full answer →A stepchild is not named as a family member who can claim, while a grandchild can only if under 18 and the deceased stood in the place of a parent.
Read the full answer →Usually yes: an Alberta condo board can approve a special levy by resolution, but a capital improvement levy needs an owner special resolution first.
Read the full answer →A personal representative generally cannot distribute for 6 months after the grant, and must distribute the estate as soon as practicable.
Read the full answer →Yes, you can usually apply to divorce in Alberta if you or your spouse has lived in Alberta for one year, even if you married outside Canada.
Read the full answer →You can ask for spousal support after a short marriage in Alberta, but entitlement is not automatic and any support is often time-limited.
Read the full answer →You may need to give written notice and sometimes get consent or court approval before moving with your child, depending on the move's impact on the…
Read the full answer →Yes, a short reconciliation of up to 90 days in total, mainly to reconcile, does not reset the one-year separation period for a divorce in Alberta.
Read the full answer →In Alberta the Court can restrain a transfer or gift that could defeat your property claim, even while you still live together, and sometimes without…
Read the full answer →You may be able to sue a seller in Alberta, but it depends on the contract and what the seller knew, and claims face a 2-year and 10-year time limit.
Read the full answer →Your ex cannot simply force a sale, but a co-owner can ask an Alberta court to end co-ownership, and separating partners can seek a sale or…
Read the full answer →Yes, in appropriate cases, if both the buyer and lender consent and the lawyer discloses all material information, but a high conflict risk changes…
Read the full answer →Usually not on an ordinary individual's home mortgage in Alberta, but corporations, guarantors, insured mortgages and rentals can face a shortfall…
Read the full answer →Whether travel needs your consent depends on your order or agreement; passports generally need all parents or guardians to sign, with exceptions.
Read the full answer →Usually not if the deceased owned the home alone or as a tenant in common, but a surviving joint tenant can transfer it without a grant.
Read the full answer →Yes. Alberta's Matrimonial Property Act was renamed the Family Property Act on January 1, 2020, and it now covers adult interdependent partners too.
Read the full answer →A divorce with children in Alberta adds a Child Support Data Sheet, seminar notice and Form FL-26, and the court must be satisfied on support.
Read the full answer →No Alberta statute sets a balance threshold, so a bank decides for itself whether it needs to see a grant of probate before releasing funds.
Read the full answer →Not always. A desk divorce can be granted on paper if the rules' conditions are met, and a hearing then happens only if the Court orders one.
Read the full answer →Generally no: tax on a death is dealt with by the estate on the final return, though a beneficiary may be taxed on estate income allocated to them.
Read the full answer →Yes. Child support law requires income disclosure, including three years of tax returns and notices of assessment, and refusing can lead to a court…
Read the full answer →You can start alone, but the agreement, due diligence, closing documents and registry searches carry real risk, so legal review is worth considering.
Read the full answer →No Alberta statute requires a Real Property Report for a sale, but most standard purchase contracts do, and buyers' lenders and lawyers usually…
Read the full answer →Usually no tax if the home was your principal residence every year you owned it and you designate it, but you still must report the sale to the CRA.
Read the full answer →A common-law partner can inherit all or part of an Alberta estate with no will if they are an adult interdependent partner, depending on the…
Read the full answer →Yes. A marriage abroad can count in Alberta if you meet the Family Property Act's residence tests, or if a divorce claim is issued in Alberta.
Read the full answer →Legal Aid Alberta gives legal advice and representation to eligible people, but whether it covers your family matter depends on whether you qualify.
Read the full answer →Contracts do not move automatically in an asset sale; they pass by assignment or novation, and each contract's own terms decide what is required.
Read the full answer →How property taxes are split between buyer and seller on closing depends on your purchase contract, and a municipal tax certificate shows what is…
Read the full answer →You generally register an instrument at Land Titles to add or remove a name, and how you hold title, spouse consent and lender terms can affect it.
Read the full answer →You need no court filing to end an adult interdependent relationship in Alberta; it ends on set events, such as more than a year apart with intent to…
Read the full answer →You can change a consent order without court if the other parent agrees; if not, you apply to court and show a change in circumstances.
Read the full answer →A capable donor can revoke an Alberta enduring power of attorney in writing; once capacity is lost, ending it generally needs a court order.
Read the full answer →You request an Alberta Corporate Registry search through a registry agent, and it can show registration date, owners, directors and legal addresses.
Read the full answer →In Alberta, property to be divided is valued at the date of trial unless a written agreement meeting section 38 sets a different date.
Read the full answer →A trust for a person on AISH: in Alberta, assets held in a trust the client benefits from are exempt from asset valuation, but trust income can count.
Read the full answer →Family arbitration lets a private decision-maker rule instead of a judge; awards are enforceable in court, and appeals must start within 30 days.
Read the full answer →Alberta courts judge executor pay as fair and reasonable using set factors, and can set the amount or order repayment of any excess.
Read the full answer →A deceased person's RRSP or RRIF is generally taxed on the final return, paid from the estate, unless a spouse or other qualifying survivor rollover…
Read the full answer →Alberta has no fixed deadline to settle an estate; distribution must be as soon as practicable, with accounts every 2 years unless a court orders…
Read the full answer →How long a grant of administration takes in Alberta depends on your application, the clerk's review and any dispute, so no single time fits every…
Read the full answer →An Alberta RPR is tied to the property's condition when it was prepared; if the property has changed, you need an updated RPR and a new municipal…
Read the full answer →Alberta sets no deadline to close an estate; it must be distributed 'as soon as practicable', and dependants have 6 months from the grant to claim.
Read the full answer →A will dispute in Alberta has no fixed price; cost depends on the court steps taken, whether it goes to trial, and whether the estate bears some…
Read the full answer →A tenant ending a month-to-month tenancy in Alberta must give one full tenancy month of written notice, served by the first day of a month.
Read the full answer →Whether Alberta courts enforce a no-contest clause depends on the clause's wording and your facts, so confirm with a lawyer before you challenge a…
Read the full answer →Representations and warranties are statements of fact in the purchase agreement; if one is false, the remedy depends on what the agreement provides.
Read the full answer →If an executor stonewalls you, an Alberta beneficiary can ask for an accounting and, if needed, apply to the Court to have accounts formally passed.
Read the full answer →A conflict arises when an executor's own interest competes with their duty to act honestly; being executor and beneficiary is not itself a breach.
Read the full answer →If you suspect an attorney is misusing a power of attorney in Alberta, you can ask the Court to order an accounting; police may also be involved.
Read the full answer →If the named executor dies or cannot act, a substitute in the will or a court-approved replacement can take over, depending on the timing.
Read the full answer →If your ex stops paying child support in Alberta, you can register with the Maintenance Enforcement Program, which can enforce the order.
Read the full answer →If your parent has dementia and no power of attorney, you may need to apply to the Alberta Court for guardianship or trusteeship to act for them.
Read the full answer →Breaking an Alberta protection order is an offence with fines or jail, and police can arrest without a warrant if the person had actual notice of it.
Read the full answer →You can ask the court to enforce your parenting time, and it can order make-up visits, police help, security, expenses, a penalty or jail.
Read the full answer →In Alberta, a surviving joint tenant can remove the deceased from land title without probate, while other ownership passes through the estate.
Read the full answer →Retirement is usually treated as a material change when an Alberta order is silent, but early or voluntary retirement is closely scrutinized.
Read the full answer →A caveat is a notice on title that someone claims an interest in the land; it can be withdrawn, lapsed by the Registrar or challenged in court.
Read the full answer →A consent order turns your agreed parenting or support terms into a court order, but the agreement cannot be filed alone or change an existing order.
Read the full answer →A grant of administration is the Court's authority to administer an estate, and once it issues only the personal representative named can act for it.
Read the full answer →A home inspection condition lets a buyer inspect first; afterwards you may withdraw, adjust the price for repairs or move forward.
Read the full answer →Yes. If you and your spouse agree, you can apply together in Alberta's Court of King's Bench using joint forms, and no one has to serve the other.
Read the full answer →A Notice to Disclose requires the other side to file a Financial Disclosure Statement within one month of service in King's Bench, or explain why not.
Read the full answer →A second mortgage is a loan secured on your land that ranks behind the first; it is registered at Land Titles like any mortgage and ranks by serial…
Read the full answer →An orphan well is a left-behind well; how it affects a purchase depends on your situation, so check title, minerals and well status before closing.
Read the full answer →Start by finding the will, arranging the funeral and ordering death certificates through an Alberta registry agent, then plan the required notices.
Read the full answer →The Maintenance Enforcement Program collects and enforces court-ordered support in Alberta, and the payor or recipient can register online or by mail.
Read the full answer →The Powers of Attorney Act is Alberta's law on enduring powers of attorney, covering how they are made, what attorneys can do, and how they end.
Read the full answer →Title insurance is not required by the standard Alberta residential purchase contract, which does require a Real Property Report.
Read the full answer →A brokerage holding your deposit keeps it as trust money in an Alberta account and releases it only under written terms all parties agree to.
Read the full answer →Often the unsuccessful party pays the winner's costs in an Alberta estate dispute, but the Court can also order costs paid from the estate.
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