Intestate Succession & Keeping Up With the Kardashians

Friday, May 8th, 2015

Peters Estate (Re) 2015 ABQB 168 CanLII is an Alberta decision that raises interesting issues about whether the intestacy rules can result in an injustice when applied to blended families. In 2013, Ileen Peters (“Ileen”) died without a will. Her husband, Lester Peters (“Lester”), pre-deceased her in 2009. Lester and Ileen ...

Creativity Can Kill: Striking Out Pleadings

Friday, January 30th, 2015

A decision of the Ontario Superior Court, Catford v. Catford 2014 ONSC 135 demonstrates the importance of getting pleadings right. In this case, the plaintiff sued his niece for “$670,000 or such other sum as may represent one-third of the Catford family estate”. The facts pled in support of this ...

How to Get Other Pockets to the Table: Adding Parties And Dependant’s Support

Wednesday, September 17th, 2014

Can individuals who may have an obligation to support a person making a dependant's support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time ...