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 […]
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, […]
Privacy, Court Openness and Estate Matters
The Supreme Court of Canada recently confirmed that the trustees handling the Barry and Honey Sherman estate had failed to overcome the test for discretionary limits on court openness in their applications for sealing orders: Sherman Estate […]
What Happens to an Exempt Asset That Depreciates in Value?
The Family Property Act, RSA 2000, c F4.7 (FPA) governs the distribution of property in the event of a separation/ divorce or the breakdown of an adult interdependent relationship.
Although property acquired outside the marriage/ relationship is exempt from sharing, there […]
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