Is Court Approval of a Settlement Needed After Death?

Tuesday, July 21st, 2015

Although minors and incapable persons cannot bring or defend litigation on their own (they require the assistance of a litigation guardian), their rights are nevertheless affected by the litigation. While this is not a problem when the action is decided by a judge, where the parties reach a settlement between ...

Rebutting the Presumption of Resulting Trust and Undue Influence

Friday, June 5th, 2015

In Foley (Re), the Court of Appeal was asked to overturn a trial judge's findings that there was sufficient evidence to rebut both the presumption of resulting trust and allegations of undue influence with respect to a father's inter vivos gifts to his daughter.  The Court of Appeal dismissed the ...

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 ...