When a farming estate is tied up in a will dispute, even routine decisions—like planting crops—can turn into major legal issues. Estate of Sept, 2024 ABKB shows how Alberta courts expect personal representatives to manage high-value farmland during administration and why prudence often wins over profit.
The parties in Kachur Estate v Kachur, 2021 ABCA 343, were given a substantial estate by their brother, Walter Kachur, worth over $1.4 million gross, before they began to fight over it. By the end, the courts pleaded with the parties to stop their fighting, stating, “The bleeding has to stop.”
Personal representatives in the case Guglick Estate (re) commenced an application to transfer lands of the estate to themselves personally.
A former spouse may be entitled to your property after you die if their name remains on title. Of course, the best approach would be to remove their name from title.
As practitioners in this area, we try to highlight evidence of intention. We often advise clients to be clear in the terms of their Will, what their intentions are with regard to specific assets and/or beneficiaries.
