Estate Litigation Blog

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.

Flock Estate v Flock, 2021 ABQB 502

The primary issue in this case was whether joint tenancy had been severed. The second issue was how property should be distributed, subject to the determination of the first issue.

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.

Time during which a notice of appeal is allowed

If the time has lapsed, a party may not be able to appeal a decision. This was at issue in the case McCarthy Estate (Re), 2021 ABCA 293. This case outlined and interpreted the law on when a court will extend the time to appeal. 

The Capacity To Make A Will

The issue of whether someone has the capacity to make a will - called testamentary capacity - comes up frequently in the practice of estate litigation.

What Is An Executor?

A party may name a person or an institution as their executor in their will. After the party has passed away, role of the executor is to fulfil the terms of the testator.