Category Archives: Wills and Estates
Court of Appeal Agrees that Severing a Joint Tenancy Requires More than Intention
Case considered: Felske Estate v. Donszelmann, 2009 ABCA 209 PDF version: Court of Appeal Agrees that Severing a Joint Tenancy Requires More than Intention In a previous post, I concluded that the Court of Queen’s Bench correctly dismissed an application … Continue reading
Do testators have moral as well as legal obligations to their dependants? Not in Alberta
Case considered: Petrowski v. Petrowski Estate, 2009 ABQB 196 PDF version: Do testators have moral as well as legal obligations to their dependants? Not in Alberta Alberta’s Dependants Relief Act, RSA 2000, c. D-10.5 allows adult children who are unable … Continue reading
No one wins when relatives fight over an estate, lawyers behave with incivility, and judges are asked but refuse to recuse themselves
Cases Considered: Nazarewycz v. Dool, 2009 ABCA 70. PDF Version: No one wins when relatives fight over an estate, lawyers behave with incivility, and judges are asked but refuse to recuse themselves There is little in this case that shows … Continue reading
A Windfall Inheritance from a Distant Relative: Daydreams Only Come True for Some
Cases Considered: Hilstad Estate, 2008 ABQB 570 PDF Version: A Windfall Inheritance from a Distant Relative: Daydreams Only Come True for Some Who hasn’t daydreamed about inheriting a fortune from some distant and unheard of relative? I suppose one of … Continue reading
Restraining Disinheritance
Cases Considered: Re Boychuk (Estate), 2008 ABQB 38 PDF Version: Restraining Disinheritance The idea that a deceased person’s estate should be available to those who were dependent upon the deceased during his or her lifetime is an idea recognized by … Continue reading
