The Canadian legal system is an inherently confrontational system. One party has a grievance against the other and they need the justice system to tell them how to resolve the issue. These grievances may fall within a wide […]
One may suspect that capacity issues rarely arise outside of estate matters. This assumption, however, would be incorrect. Issues regarding capacity to instruct counsel can arise in any type of legal matter including family, personal injury, and beyond.
The […]
The Alberta Rules of Court, Alta Reg 124/2010 instruct that an estate for which no personal representative has obtained a grant under the Surrogate Rules, Alta Reg 130/95, and that has an interest in a claim, […]
In the recent decision of Campbell v Ensminger, 2022 ABQB 330, the Honourable Justice D.K. Miller of the Alberta Court of King’s Bench attempts to balance a father’s testamentary intentions with his legal and moral obligations to […]
In the recent decision of Fech v Lewington, 2022 ABCA 154, the Alberta Court of Appeal provided a useful summary of the law on solicitor-client costs in estate litigation matters.
In Fech, the appellants sought to overturn the decision […]
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 […]
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 […]
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 […]
The duties of a personal representative are far reaching, as prescribed by the Estate Administration Act, SA 2014, c E-12.5:
General duties of a personal representative
5(1) A personal representative must
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 […]