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 ...

Powers of Attorney: How Not to Resign

Thursday, April 30th, 2015

I have seen many POA disputes about whether or not the grantor had capacity to appoint a new POA.  I have also seen numerous POA disputes about whether or not the named attorney was acting in a fiduciary capacity.  Just as common are POA disputes about how the attorney for ...

Warring Trustees: More isn’t Always Better

Monday, April 13th, 2015

Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property.  Often a testator will choose two or more of their children to act as co-estate trustees.   They may feel that it would offend one of their children to not appoint them as ...