Estate Litigation Blog

Viewing Publications Categorized "Case Summaries"

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.

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.

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?

Less Diligence Means Less Reimbursement

Trustees and guardians of represented adults need to diligently manage and record the finances of adult they oversee if they want to be reimbursed. The Applicant in Resek (Re), 2018 ABQB 497, should have heeded that advice long before he came before the Court.