A Not-so-Lux Dispute
The parties in the appeal in Lux v Lux, 2021 ABCA 413, were engaged in an acrimonious matrimonial property dispute. But, in less than two months before the latest appeal hearing, the respondent died.
Can Personal Representatives Give all the Deceased’s Property to Themselves Personally?
Personal representatives in the case Guglick Estate (re) commenced an application to transfer lands of the estate to themselves personally.
Providing for Family After Death
People acquire many different obligations in life: to take care of property, to pay debts, to pay taxes. Many of these obligations continue after we die as well. Another set of obligations that continue into the afterlife are those to partners and children.
Death May Not End a Dispute
In Hogue v Johnston (Estate), 2021 ABQB 913, Cathy Hogue was suing her former husband, Earl Johnston, for unequal distribution of family property after their divorce.
Separate Finances are Worth the Hassle
When handling an elderly parent’s finances, good recordkeeping is often tedious and time-consuming.
Lawyers Beware Bias
How can a wills and estates lawyer interview a donor for 2.5 hours, take 31 pages of detailed notes, determine the donor to have legal capacity to make an enduring power of attorney (EPA), and yet still have the resulting instrument be declared invalid?
Section 11 and the Requirement for Corroborating Evidence
When a person dies, section 11 of the Alberta Evidence Act may be invoked with respect to a claim against the estate.
Can an “Uninvolved” Father be an Adult Child’s Guardian?
Alberta’s Adult Guardianship and Trusteeship Act lists a range of factors in sections 26, 28, and 40 for judges to consider regarding who should be an adult’s guardian.
Can Personal Representatives Give all the Deceased’s Property to Themselves Personally?
Personal representatives in the case Guglick Estate (re) commenced an application to transfer lands of the estate to themselves personally.
Attorney Who Co-Mingled Funds Found to Have Not Fully and Satisfactorily Accounted for the Estate
An attorney is appointed pursuant to an enduring power of attorney, who then has the authority to make financial decisions for the person appointing them. No, an attorney in this case does not need to be a lawyer.
