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 […]
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 […]
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 […]
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 […]
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 […]
In the recent decision of Martin v Hunter, 2021 ABQB 153, the Alberta Court of King’s Bench was asked to determine the validity of a 2019 Power of Attorney executed by an elderly Marion Hunter in her […]
Many families have them – that one sibling, cousin, or another family member who just doesn’t seem to fit in with the rest of the group. Families might have different names for them, but “black sheep” is a term commonly […]
All siblings argue, but what happens when the argument takes place in a court room? Who pays for the litigation?
Estate matters can pit siblings against each other. A parent may leave their estate in the hands of one child to […]
In estate matters, disgruntled heirs frequently challenge a deceased family member’s will by arguing that the deceased testator did not have capacity at the time the will was completed.
Burden of Proof
Those challenging a testator’s capacity are faced with […]
The law grants broad discretion for people to do as they please with their property after death. However, this does not mean that the loved ones of the deceased will be satisfied with the allocation of property. In some instances, […]