Will My Case be Dismissed for Delay?
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 an action, […]
Estate Litigation
Wills and Estates: Gifts Contrary to Law
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 […]
Privacy, Court Openness and Estate Matters
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 […]
Duties of a Personal Representative Under the Estate Administration Act
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
- perform the role of personal representative
-
[…]
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 […]
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 […]