Estate Litigation Blog

Recusal Refusal

In Rana v. Rana, 2021 ABCA 399, Mr. Rana unsuccessfully appealed a case management judge’s decision to not recuse himself from Mr. Rana’s lawsuit.

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Ongoing litigation regarding the Estate of Jiasen Liu presented an interesting challenge for the Honourable Justice M.J. Lema, who was hearing from the parties in Chambers on various interlocutory motions in Liu Estate (Re)2021 ABQB 963 and 2021 ABQB 999

In What Situation Would the Presumption of Death be Applicable?

The presumption may be applicable where a person has gone missing for several years. The family of the missing person suspects they are dead, but there is no physical proof that they have in fact died. Pursuant to the presumption of death, that missing person will be legally presumed death after seven years.

Can You Trust that Transfer?

The Court of Queen’s Bench of Alberta (ABQB) has brought new clarity to variation of trusts and trust-to-trust transfers under section 42 of the Trustee Act, RSA 2000, c T-8 [Trustee Act]. In the unusually named case of Twinn v Trustee Act, 2022 ABQB 107, the ABQB was asked to decide what the effect of a prior order of the court was. 

What Is Undue Influence?

When a testator in drafting their will has been unduly influenced, then they have not divided their estate of their own free will. The influence imposed by some other person on the deceased is so great and overpowering that the document does not reflect the will of the deceased.

International Wills in Alberta

Many people immigrate to Alberta every year, and some of them have wills that were made outside of Canada, also known as international wills. Are those international wills recognized in Alberta? Yes, they are recognized, but only under certain conditions.

Can I Handwrite My Own Will?

When someone (a testator) writes their own will, this is called a holograph will. Alberta’s Wills and Succession Act states that holograph wills can be valid in Alberta as long as they comply with the Act.