Jared Kantor

CALGARY'S MOST RESPECTED ESTATE LITIGATORS

Jared Kantor is one of Calgary’s most respected estate litigators, holding over 10 years of experience in the area of Estate Litigation.  Jared has provided trusted counsel to personal representatives / executors, trustees, beneficiaries, adult interdependent partners, dependent adults, financial institutions, and other invested parties.

Jared’s skill has been noted by the Court:

“...Mr. Kantor - as one of the best cross-examinations in brief compass that I have had the pleasure to read not only as a lawyer but more importantly as a judge. …And may I also say as well, I want to reiterate the quality of your written work…. You, gentlemen, are extremely skilled and it was -- I only wish I could clone and put you through the bar. That’s the quality that you do and I’m really impressed and I want to thank you. …your clients are fortunate to have you as their counsel. I tell you that in all sincerity. So it’s been a pleasure to have you before [me] and I thank you much for the opportunity to preside over this case.”

Jared has acted on behalf of the following:

  • Beneficiaries to ensure they receive their entitlement and to ensure the wishes of the testator/deceased are followed.
  • Spouses, adult interdependent partners, and dependant adults to ensure they receive sufficient funds from the estate to ensure a level of care to which they are entitled.
  • Personal Representatives / Executors in defending claims for alleged maintenance and support, alleged undue influence, and challenges to the testator/deceased’s will.

Jared has advocated on behalf of clients in matters ranging from $500K to $105 Million, as well as International Trust Disputes in the Bahamas and Barbados, in matters such as:

  • Contested Wills / Will Challenges
  • Removal of Personal Representatives / Executors for reasons such as depletion of estate assets, misconduct, delay, mismanagement, and fraud.
  • Resulting and/or Constructive Trust claims
  • Dependant / spousal support claims
  • Unjust enrichment claims

Notable Work

Jared has achieved excellent results in the courtroom over the course of his career.

Spady Estate
(January 15, 2020), Calgary 1401-13595 (ABQB): Verbal Promise to Gift Land

The opposing party had lived and worked on the family farm for 30+ years pursuant to a crop share agreement. When the opposing party did not inherit the family farm on the death of the deceased, they sued the estate on the basis that the deceased made them a “promise” that they would be “taken care of”. As the opposing party could not point to any evidence that corroborated their claim the farm had been promised to them, Jared brought an application to have the claim dismissed. The Court agreed with Jared and dismissed the claim.

Estate of Montgomery, 2019 ABQB 833: Personal Assets Seized

An opposing party wrongly seized Jared’s client’s personal assets. Jared brought an application and was successful in returning these wrongfully seized assets. The Court also directed the opposing party be penalized for their conduct – the Court directed 75% of Jared’s client’s legal fees be repaid by the opposing party.

Estate of Yurchak (August 23, 2019), Calgary ES01-119447 (ABQB): Executor Compensation

Jared represented an executor who administered a large estate. The beneficiaries rejected the notion that the executor be paid anything for the work performed over 4 years. Jared brought an application to have the matter addressed in Court - Jared successfully obtained an award of $350,000 in compensation for the executor’s administration over the estate, even with the executor having hired staff to run the deceased’s ongoing business operations.

Bruce Estate (Re), 2017 ABQB 67: Executor Compensation

The opposing party were executors of an estate. These executors sought $2,300,000 in executor compensation. Jared was hired by a beneficiary to lessen the amount of executor compensation awarded by the Court. In attending Court, Jared successfully defended the claim, and the executors received only 35% of what they sought, resulting in $1,300,000+ in savings for the estate’s beneficiaries. Jared’s client also received 100% of their legal fees repaid. This decision is the definitive authority on executor / personal representative compensation in Alberta.

Olynyk Estate (April 15, 2016), Calgary ES01-111003 (ABQB): Joint Assets

Jared successfully defended a claim against the deceased’s RRIF and life insurance policies where the client’s sister sought a share of the RRIF and life insurance policies despite not being named as a beneficiary. Jared’s work resulted in the RRIF and life insurance policies being preserved for the client.

Fraser Estate (March 17, 2015), Calgary 1201-16413 (ABQB): Secret Trusts

Jared successfully dismissed a $12,400,000 claim against an estate where the opposing party alleged the deceased had promised them the family farm prior to her death, despite having already sold it to Jared’s clients. The opposing party received nothing. Jared’s clients, as executors, preserved 100% of the estate’s value.

Osborne Estate, Re, 2013 CarswellAlta 2969: Wills / Unsigned Wills / Designated Assets

Jared successfully defended a claim where the executor of an estate sought to have the deceased’s RSP distributed to the beneficiaries of the estate and not paid out to the person named in the RSP. Jared’s work resulted in the RSP being preserved for the person designated as beneficiary of the RSP.

Jared has appeared in the Alberta Court of Appeal, British Columbia Court of Appeal, the Court of Queen’s Bench of Alberta and the Provincial Court of Alberta.

kantor best lawyers

Education
Education & Year of Call:

Admitted to the Alberta Bar, 2004
University of Saskatchewan, LL.B., 2003
University of Alberta, B.A., 2000

Speaking
Formal Speaking Engagements:

Jared has been personally invited to attend at the upcoming Estate Planning & Litigation Forum by Cambridge Forums Inc., in April 2018, in Cambridge, Ontario.

Jared presents educational seminars to banking and other financial institutions, and is a frequent speaker for the Legal Education Society of Alberta (LESA), regarding estate matters:

“Caught Red-Handed’: Litigation against Attorneys in Trouble”, Legal Education Society of Alberta (LESA), April 2016

"Acting as Attorney under an Enduring Power of Attorney", Estate Planning Council, AGM, November 3, 2014

"Attorney School: For Those Who Are a Power of Attorney for a Loved One", Knowledge Bureau, August 2013

Publications
Publications & Articles:

Estate Litigation News Bulletin: "If Wishes Were Willed", The Estate of Osborne, Testamentary Intent and WSA s. 71, Spring 2014

Estate Litigation News Bulletin: "Schwartz Estate v. Kwinter: A Cautionary Tale for Estate Litigation", Spring 2014