Considerations for Trusts for Minor Children
In the recent decision of Gall Estate v Turpin, 2022 ABQB 25, a deceased mother left her entire estate to her son in trust until he turned 25. The deceased mother and the child’s surviving father had […]
Estate Litigation
Requirements of a Valid Formal Will and Validating a Non-Compliant Will
The requirements of a valid formal will are set out at sections 14 and 15 of the Wills and Succession Act, SA 2010, c W-12.2:
Requirements of a valid will
14 To be valid, a […]
Family Property Claims Following the Death of a Spouse
What happens to a family property claim following the death of one of the spouses?
Pursuant the Family Property Act, RSA 2000, c F-4.7, an application for a family property order can be made in various circumstances, including […]
Reminder Out of Ontario Regarding Child Support Obligations and the Payor’s Estate
Recently, a case from the Ontario Court of Appeal addressed if one can make a claim against a payor for retroactive child support, against the estate of that payor if they have deceased. In this case, Blacklock […]
Who Should Administer an Estate When There’s No Will Appointing a Personal Representative?
The Estate Administration Act, SA 2014, C E-12.5 at section 13(1)(b) provides direction on the priority of persons to administer an estate where there is no will appointing a personal representative as follows, in descending order of […]
What Happens When a Person Dies Without a Will?
When a person dies without a will, they are said to have died “intestate” and their estate is to be distributed pursuant to Part 3 of the Wills and Succession Act, SA 2010, c W-12.2:
If the Person […]
Treatment of Joint Accounts on Death
The nature of a joint account is such that upon the passing of one joint account holder, the funds automatically flow to the surviving joint account holder by way of rights of survivorship.
However, as it is common practice […]
What is the Purpose of Obituaries?
An obituary is a written announcement of a person’s death, notifying the public of the individual’s passing. It can offer an opportunity to highlight the deceased’s accomplishments, significant life moments, and provide details of the visitation, memorial, and/or funeral services.
There […]
Estate Matters: Adult Interdependent Partners, Cohabitation and Maintenance and Support
In the recent decision of Prykhodko v Anderson, 2021 ABQB 192, the Honourable Justice Gates considered the definition of an adult interdependent partner in the context of a maintenance and support application.
Justice Gates set out the relevant […]
Capacity to Execute a Power of Attorney
In the recent decision of Martin v Hunter, 2021 ABQB 153, the Alberta Court of Queen’s Bench was asked to determine the validity of a 2019 Power of Attorney executed by an elderly Marion Hunter in her […]