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 […]
Estate Litigation
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 King’s Bench was asked to determine the validity of a 2019 Power of Attorney executed by an elderly Marion Hunter in her […]
Black Sheep Makes Baaad Decision in Estate Litigation
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 […]
Estate and Inheritance Disputes: Sibling Rivalry Edition
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 […]
Challenging Testamentary Capacity
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 […]
If There’s a Will There’s a Way: Family Maintenance and Support Claims
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, […]
When Should You Review Your Will?
Completing your Will is the first step to ensuring that your estate will be distributed according to your wishes; however, as circumstances change throughout your life, it is equally important to ensure that your Will is updated to reflect changes […]