In the province of Alberta, there are two essential legal documents that individuals should consider creating to ensure their wishes are respected in case of incapacity or inability to make decisions for themselves. These documents are the “Enduring Power of […]
The concept of maintenance and support under the Wills and Succession Act, SA 2010, c W-12.2 provides protections for family members of a deceased person in situations where they have not inherited enough to meet their needs. […]
The process of ensuring the fulfillment of a loved one’s wishes after their passing can be a complex and emotional journey. This becomes even more challenging when the deceased is intestate or when codicils come into play, modifying […]
Probating a Will is a crucial legal process that involves validating a Will and ensuring its proper execution. In Alberta, this procedure is overseen by the Surrogate Court. Many individuals find themselves wondering whether they can navigate the probate process […]
Writing a Will is an essential step in ensuring that your wishes are carried out and your loved ones are provided for after your passing. In Alberta, Canada, there are specific considerations and legal requirements to keep in mind when […]
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 range of […]
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 Alberta Rules […]
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 […]