Division of Corporate Assets Upon Separation
What happens when a couple is trying to divide their assets after separation and matrimonial property is tied up in a corporation?
It often happens in separation that one, or both, people’s assets are tied up in a corporation and are […]
Will My Case be Dismissed for Delay?
Where litigation is stagnant for 3 or more years, a court will dismiss the case pursuant to rule 4.33 of the Alberta Rules of Court:
If 3 or more years have passed without a significant advance in an action, […]
Grandparent RESP Contributions in a Divorce
Generous grandparents may wish to set up a Registered Education Savings Plan (RESP) for their grandchildren’s education. What happens to these contributions in a divorce?
Some parents may hope that their parents’, i.e., grandparents’, contributions will be perceived as their personal […]
Wills and Estates: Gifts Contrary to Law
The recent Alberta Court of King’s Bench decision of Stroh Estate (Re), 2022 ABQB 82, considers section 33 of the Wills and Succession Act, SA 2010, c W-12.2 and the disposition of a gift which is […]
Changing the Name of a Child When a Guardian Does Not Consent
In many circumstances, as the dynamics of a family change over time, it may be that a parent wishes to change the last name of a child. In Alberta, Vital Statistics is the regulating body that grants or […]
Retroactive Spousal Support and Tax Implications
Child support is paid in “after-tax” dollars – the payor is not entitled to deduct, and the recipient should not be claiming, these payments on their income tax return. Spousal support, however, is tax deductible to the payor, […]