Failure to Act Results in Personal Representative Removal
In Alberta, a Court will remove a personal representative of an estate if a Court finds the personal representative’s delay is impacting the administration of an estate.
Viewing Publications Categorized "Case Summaries"
Jointly Tenancy Not Severed by Divorce and Death
In Bishop (Re), 2022 ABQB 146, the Court was required to determine whether the Deceased and his former spouse had severed the joint tenancy they held over their residence.
Penchant for Litigation Not Enough to Prevent Court Applications
In Goldstick Estate (Re), 2022 ABQB 222 the Court wrote an endorsement for the purpose of providing a background and reasons for granting a procedural order (an order which generally helps move the litigation of matter along by setting out the dates when certain steps happen).
Micro-Managing Trustees
In Gall Estate v. Turpin, 2022 ABQB 25 there were numerous issues in dispute about the micro-managing actions of a Trustee a trust established in a will for a minor child.
Trust Trustee Required to ‘Bare’ All
Trusts are common in wills and estates and often require Court analysis if the terms of a trust are not clear.
Failed Contractual Trust
In their contractual relationship, the parties included a clause which one party claimed was a trust. In its analysis the court relied on the basic principle of contractual interpretation.
Court of Appeal Upholds Importance of Intention When Interpreting a Will
The Alberta Court of Appeal upheld a case management justice’s order for a testator’s son to vacate the home he resided in for nine years and the house be put up for sale.
A Scant Evidentiary Record May Delay a Determination of the Issues
In Mead v. Burton, 2022 ABQB 94, the Court examined whether a testator’s intention regarding the deposition of farmland could be determined by summary judgment.
Writing a Will Over Drinks
The parties in Meunier Estate, 2022 ABQB 83, disputed whether the deceased (Robert) had a will before he died.
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.
