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Challenging a Will Comes at a Price

A would-be challenger of a will had better be sure there is some merit to their case, or they will have to pay the consequences.

Trustees Need Only Act Reasonably, Not Perfectly

NH died in December 2017, making her son, RH, her estate’s Personal Representative and its primary beneficiary. The deceased’s nieces, SK and DS, had been her Trustees for the previous three or four years.

Evicting a Sister

Losing a parent is never an easy experience. Settling their estate and dealing with family conflict can make it harder.

What’s the Value in a Video?

Testators beware. Even having a solicitor record a video of testamentary wishes may not be enough to prevent a challenge to the will.

Defendants Escape Liability

This case demonstrates the importance of bringing an application quickly once one becomes aware of a claim against another party, the importance of litigation all relating issues within one application, and the importance of following proper procedure and appealing an Order on an issue rather than commencing a new claim.

Mental Ability to Retain a Lawyer

There are times where a lawyer may suspect a potential client does not have the mental ability (“capacity”) to hire (“retain”) them as their representative. This worry comes up more frequently in areas like will and estate law. If a potential client may not have capacity to retain them, what should the lawyer do?

Disinherited | A Grandchild Scorned?

Finding out you have been disinherited can be a painful experience. The appellant in Logan Estate (Re), a 2021 case from the Court of Appeal of Alberta, must have thought so when she found out she was cut out of her grandmother’s will. However, not all was as it first appeared.