A Not-so-Lux Dispute
The parties in the appeal in Lux v Lux, 2021 ABCA 413, were engaged in an acrimonious matrimonial property dispute. But, in less than two months before the latest appeal hearing, the respondent died.
Viewing Publications Categorized "Case Summaries"
Death May Not End a Dispute
In Hogue v Johnston (Estate), 2021 ABQB 913, Cathy Hogue was suing her former husband, Earl Johnston, for unequal distribution of family property after their divorce.
Separate Finances are Worth the Hassle
When handling an elderly parent’s finances, good recordkeeping is often tedious and time-consuming.
Lawyers Beware Bias
How can a wills and estates lawyer interview a donor for 2.5 hours, take 31 pages of detailed notes, determine the donor to have legal capacity to make an enduring power of attorney (EPA), and yet still have the resulting instrument be declared invalid?
Section 11 and the Requirement for Corroborating Evidence
When a person dies, section 11 of the Alberta Evidence Act may be invoked with respect to a claim against the estate.
Attorney Who Co-Mingled Funds Found to Have Not Fully and Satisfactorily Accounted for the Estate
An attorney is appointed pursuant to an enduring power of attorney, who then has the authority to make financial decisions for the person appointing them. No, an attorney in this case does not need to be a lawyer.
When Living At Home Is No Longer an Option
Within a personal directive, a person appoints an agent to make personal decisions, on their behalf after they lose mental capacity.
Less Diligence Means Less Reimbursement
Trustees and guardians of represented adults need to diligently manage and record the finances of adult they oversee if they want to be reimbursed. The Applicant in Resek (Re), 2018 ABQB 497, should have heeded that advice long before he came before the Court.
Sons Take $250,000 from Accounts Days Before their Father Dies
In the recent decision of Wade v. Wade, 2021 AQB 865, the Court explained at paragraph 4 how two sons had removed $250,000 from the bank accounts of their father “via a freshly granted power of attorney, days before his death.”
Settling an estate and dealing with family conflict is never an easy experience.
Losing a parent is never an easy experience. Settling their estate and dealing with family conflict can make it harder.
