Calgary Real Estate, Wills and Estates, and Business Law Blog

Reportedly, a significant percentage of Canadians, including many in Alberta, believe there is no need to do estate planning. Many people reason that it is obvious that their surviving spouses and children will receive their estates. However, that is not the way things work. Wills are the way to ensure that possessions, money and percentages of estates go to the intended beneficiaries. Without wills, the law will decide how the estate assets like real estate, personal items, vehicles, investments and more will be divided.

A will could be a powerful document by which people can express their wishes, often including other than immediate family members. Death can come unexpectedly, and having wills and trusts in place can relieve some of the trauma surviving family members go through after the unexpected deaths of loved ones. A will allows a person to bequest specific items to those who would most appreciate it or show gratitude to someone who deserves it. Another available option is to make charitable bequests.

More workers in Alberta and across Canada are learning about their rights in the workplace. Discrimination based on race, gender, culture, colour, ethnic origin, nationality, age, religion, disability, marital status, sexual orientation or pregnancy is against the law. Furthermore, membership in a trade union or union activities may not be held against employees. Discrimination is a violation of employment and human rights laws.

Typical areas of employment discrimination include staff recruitment and selection for work assignments. Violations could also be present in the benefits, terms and conditions of employment. Moreover, the type of training and who receives it could involve discrimination, as could considerations or selection of personnel for promotion, transfer, dismissal, retrenchment and disciplinary action.

Employers in Alberta may feel they have to walk on eggs when it comes to disciplining employees. Sometimes the courts choose the side of employees, causing the impression that employees can get away with egregious behaviour. One case like this involved the termination of an employee who apparently had a problem with alcohol.

Reportedly, after years of working for a company, the employee began staying away from work. He suffered depression, was divorcing his wife and ultimately admitted to having a drinking problem. His employers continued paying his salary through two stints of alcohol rehabilitation periods, but he apparently kept drinking alcohol. The employer says the man reported for duty on only 21 days over a four-month period.

Anyone in Alberta is responsible for the safekeeping of his or her estate planning documents. Furthermore, sharing the information of where the will and other documents can be found after the testator's death is always a good idea. Suppose a man who lives with one of his daughters learns about that daughter's illegal activities and decides to change his will, leaving her nothing. When he dies, the daughter destroys the new will and presents the older version in which her father left most of his assets to her.

In cases where a person who keeps his will and other essential documents in his or her home dies, the first one to reach the deceased person often has access to the papers. If that person realizes presenting the latest will would not be in his or her interest, it should not be difficult to make it disappear. Even if other family members were aware of a new, changed will, if it cannot be found, there is not much they can do about it.