In the case of D’Silva (Re), 2018 ABQB 603, Llewelyn D’Silva was appointed guardian and trustee over his adult brother, Selwyn D’Silva, in March 2010. Cledwyn D’Silva was made the alternate guardian and trustee over his brother.
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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.
Losing a parent is never an easy experience. Settling their estate and dealing with family conflict can make it harder.
Testators beware. Even having a solicitor record a video of testamentary wishes may not be enough to prevent a challenge to the will.
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.
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?
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.
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.