Wills & Estates

Northwest Law Office provides a variety of services in the field of estate planning and administration, and elder law; including preparation of Wills, Enduring Powers of Attorney and Personal Directives.

Typically, when our clients meet with us to prepare their Last Will and Testament, they will be asked if they want a full estate planning package. In addition to a Will, this would include an Enduring Power of Attorney and a Personal Directive.

An Enduring Power of Attorney is a legal document that names a person of your choice (your agent) to handle your financial, medical and legal matters in the event you are not able to do so yourself – usually due to illness. This allows the person you have designated to manage your personal matters, such as paying bills, either permanently, or until you have recovered and are able to handle these matters on your own again.

A Personal Directive is a legal document wherein you name an agent to act on your behalf with respect to all medical decisions in the event you are unable to do so yourself. This document enables your agent to convey your specific wishes regarding medical treatment decisions and end of life care.

In the event you are a party to potential litigation regarding an Estate or Power of Attorney, please refer to the Estate Litigation heading in this section of our website.

Our team has extensive experience when it comes to wills and estates. Wills can be a complicated process, but a necessary one to ensure your estate is in order. Creating a will is a highly individualized process. This makes it important to seek guidance to ensure your intentions are clear and your will is in line with all applicable laws.

Northwest Law Office can help with this, as well probate applications, estate planning, adult guardianship, and Trusteeship Act Applications.

WILLS & ESTATE LAW SERVICES:

• Wills
• Probate Applications
• Applications for Trusteeship/Guardianship
• Personal Directives
• Power of Attorney

Civil Litigation

Dereck Gibson specializes in civil litigation providing experienced litigation counsel in all areas listed here, among others. You’re in good hands with Northwest Law Office.

We also have plenty of experience when it comes to insurance and negligence claims. Our lawyers can offer legal advice and advocacy services for general liability, casualty claims, professional errors and omissions, and property insurance matters.

Dereck Gibson of Northwest Law Office provides years of Litigation, and Commercial and Tribunal Law experience specializing in Litigation counsel in all areas listed here, among others.

LITIGATION LAW SERVICES:

• Commercial Litigation
• General Litigation
• Real Estate Disputes

Estate Litigation

Estate Litigation arises:

• Following the death of a loved one in the form of a challenge to that person’s Will or trust;
• If an individual dies intestate (without a Will), or had a Will, but failed to leave their entire estate, or the majority of it, to their spouse; or
• As a challenge to a Power of Attorney when capacity issues arise with respect to an elderly parent or friend

Issues regarding Wills can be in the form of the validity or interpretation of a Will, or suspicion of undue influence being placed upon the party drafting of the Will, particularly if the capacity of that individual may be in question.

With respect to capacity issues, guardianship and trusteeship disputes may arise when there is disagreement about a person’s capacity to manage their own affairs (including medical, financial and legal matters).

At Northwest Law Office, we are keenly aware that this type of litigation is particularly emotional for all parties, and pride ourselves on having the tact and integrity required to deal with this delicate type of litigation.

Family Law

Family law matters can be very emotional and worrying for those involved. The process is usually described as complex, long, stressful, and expensive. Our goal at Northwest Law Office is to make the process as pain-free as possible, whether it’s through negotiating a settlement or representing you in court.

If you are dealing with issues relating to divorce, parenting, decision-making for the children, child support, spousal or partner support, property division, protection orders, or if you require a separation agreement, pre-nuptial, cohabitation, or settlement agreement (or Independent Legal Advice on one), call us today for a free consultation.

Guidelines for Family Clients

Experience has shown us that clients who remain calm and focused in difficult situations ultimately have better outcomes with respect to matters in issue.

• Guideline One:

  Treat your spouse the way you would like to be treated. This is the ‘do unto others’ guideline. It is much easier for us to walk into court secure in the knowledge that you have acted in a civil and polite manner toward your estranged spouse, even if he or she has treated you less than civilly. If your relationship is conflicted to a point where civility is difficult, it may be advisable to have a neutral third party assist in necessary communication.

• Guideline Two:

  Keep the children out of the conflict. Under no circumstances should you place your child in the position of having to pick sides. This includes using your child to deliver messages to your spouse or asking questions about your spouse and his or her activities. Doing this may not only prejudice your position in court but is detrimental to your child’s well-being. Remember, your child is the product of you and your spouse. One expert has explained that ‘shaming’ the other parent also ‘shames’ the child. The Parenting After Separation Course offers additional information and resources on how NOT to place your child in a potential conflict situation.

• Guideline Three:

  Keep detailed financial records. If you are paying support, do not make cash payments to your spouse without a written receipt and preferably make any payments either by cheque (provided your cancelled cheques are returned) or money order. Similarly, if you are receiving support payments, provide receipts and keep a copy to document all payments.

• Guideline Four:

  It may be beneficial to speak with a counsellor about your situation.

• Guideline Five:

  Remember that any agreement made between yourself and your spouse must be done with independent legal advice or the courts may not enforce it. Therefore, if you reach a tentative agreement with your spouse, we would recommend that you both write down what you understand the agreement to be and provide copies to a lawyer for review and advice.

If you have children under the age a 16 you will need to attend the Parenting After Separation Course through the Court of Queen’s Bench of Alberta. This course is provided free of charge and covers issues which are generally relevant in most divorce matters. You can enrol for the course at the following link: https://pas.albertacourts.ab.ca/